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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

  1. 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.
  2. 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...
  3. 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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