We haven’t presented 2023’s Bad Guys in Energy, but we have SEC v. Bowen, Baker, Cannon Operating and others as an example of garden variety securities fraud. The opinion addresses a defendant’s effort to defeat the SEC’s fraud claim by attacking the complaint. The “bad guys” are only alleged at this point.
Bowen, Baker and
We discussed SEC v. Arcturus et al last week and promised more. Here it is.
Did defendants commit securities fraud?
It doesn’t matter. Violations of Sections 5 of the Securities Act and 15.A of the Exchange Act are strict liability offenses; the defendant’s state of mind is not a consideration. Thus, because they sold unregistered
Here are several things to note about SEC v. Arcturus et al: