SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Microcap & Penny Stocks : OILEX (OLEX) -- Ignore unavailable to you. Want to Upgrade?


To: CHRISTINE who wrote (4034)9/10/1998 7:07:00 PM
From: Razorbak  Respond to of 4276
 
Constructive Fraud

Thanks, Christine. Yes, a case study would be most helpful! The problem I have with claims of "fraud" is how to interpret the usual defense that there was never any intent to defraud. Fortunately, for shareholders at least, the definition of "constructive" fraud doesn't include "intent" as a prerequisite.

FYI, the same type of argument (i.e., "there was never any intent to defraud") was made last year on the Green Oasis (GRNO) thread, and I raised the same counter-argument at that time, but no one was apparently willing or able to take the discussion to the next level. (FWIW, the SEC is suing the company for fraud anyway, so maybe that means my interpretation was correct?)

Razor



To: CHRISTINE who wrote (4034)9/10/1998 7:53:00 PM
From: Steve  Read Replies (1) | Respond to of 4276
 
A two second search turned up many case law examples of constructive fraud...a good one can be had at:

lawreview.uark.edu



To: CHRISTINE who wrote (4034)9/10/1998 10:11:00 PM
From: CHRISTINE  Read Replies (4) | Respond to of 4276
 
Sounds familiar, From the SEC ACCOUNTING AND AUDITING ENFORCEMENT.

sec.gov

Took about 20 seconds!

Christine