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Pastimes : Brokerage-Chat Site Securities Fraud: A Lawsuit -- Ignore unavailable to you. Want to Upgrade?


To: Jorj X Mckie who wrote (1726)7/21/2003 4:00:18 PM
From: CountofMoneyCristo  Read Replies (1) | Respond to of 3143
 
I just showed you the law. So, if the advertising was misleading, the service was not what it was purported to be, not a true bill of goods, then there is liability. One important thing about these codes, because the question of damages was raised here: if a deceptive trade practice is proved then that's all that's necessary to trigger disgorgement of all ill-gotten gains resulting from the deceptive trade practice. In this event, disgorgement does not require that any damages are proved. None. Now maybe you see why the defendants do not want to face trial in California. Disgorgement is a potent weapon against fraud.

For example, if the kickbacks led to the sale of Cyber as alleged, then the majority if not all of that sale price may be deemed ill-gotten gains subject to disgorgement. In this case, that's $500-800 million on the table.