How do you show a Primae Facie Case for Rule 10b-5 and §10 of SEC 1933?
What does a prosecutor need to show for Rule 10b-5 of the SEC Act of 1934 and §10 of the SEC Act of 1933? I am aware of the law surrounding both in a general way, but I need to summarize exactly what the prosecution must show in a list form for both. Thank you.
Public Comments
- What are those rules? Why don't you share them. I'll be happy to discuss the details if you provide the rules but I'm not looking them up myself.
- That's a really good question...I don't have the answer now but I will do some more research and come back here in a jiffy with the answer, be right back...
- There was an interesting case decided in June 2010 that examines the 10b-5 with respect to insider trading and the elements to be proven in the prosecution: SEC v Rorech et al, SDNY (09 Civ. 4329 (JGK)) http://lawprofessors.typepad.com/files/opinion-and-order-in-sec-v.-jon-paul-rorech-and-renato-negrin.pdf
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