Rambus (RMBS) - Eagle or Penguin Message Board

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Technology Stocks : Rambus (RMBS) - Eagle or Penguin

RMBS 123.67

-1.8%

3:37 PM EST

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To: tinkershaw who wrote (75122)	6/29/2001 2:33:18 AM
From: NightOwl	Read Replies (1) of 93625

if you don't know the difference between criminal fraud and civil fraud it is far beyond me to explain the difference. They are not the same thing at all. With your logic every single time someone loses a civil suit and has to pay damages they are being punished for their "crime." This is not the case whatsoever. Many criminal categories are also civil categories. Just because they share the same name does not make it a criminal act. Come on now Tinker. I know that a good Magician never divulges his secrets and several wars had to be fought with countless lives sacrificed to get a peek inside the KGB, but isn't this carrying things a tad too far? I mean really now. Are the readers of this thread too dense to understand the difference between the two frauds? ...Don't answer that!<Hoo Hooo> Best I can tell there is absolutely No difference between an "act" of Criminal Fraud and an act of Civil Fraud, ... at least not in Virginia, or any where else that I can tell. See *Virginia Natural Gas Co. v. Hamilton,* 249 Va. 449, 457 S.E.2d 17 (1995); or read three pages discussing the reason for the lack of criminal fraud prosecutions at kpjlaw.com . To the extent that there is any real difference between the two it can only be seen in the different burden of proof standards applied (beyond a reasonable doubt v. clear and convincing) and the penalties imposed for their commission. For a corporate defendant neither of these differences is significant in so far as their conduct is concerned. To be sure you can probably find authors who go on about the different "intent" required of a criminal case compared to a civil matter. But you and I both know this is just more slight of "legal" hand to keep the "lay" EE's in the dark.<vbg> Both "acts" of fraud require "intent" to do wrong. The real difference is purely a "performing arts" problem. If a prosecutor can convince a jury that the perp is the Spawn of Satan, he'll bring a criminal case. But it requires a lot of effort and related risks that they are funded or prone to accept. And don't be too quick to presume that RMBS won't be in a criminal docket before its all over. The FTC is still looking, and the PTO may have some "interest" in pursuing criminal charges at DOJ as well. Micron will have their say before those shoes drop I suspect. But check out the *.PDF above. It is but the tip of the Justice Systems iceberg. You'll find it "instructive."<vbg> 0\|0

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