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Fordham Law School

SEC

1986

Articles 1 - 2 of 2

Full-Text Articles in Law

Customer Sophistication And A Plaintiff's Duty Of Due Diligence: A Propsed Framework For Churning Actions In Nondiscretionary Accounts Under Sec Rule 10b-5, Michael Slonim Jan 1986

Customer Sophistication And A Plaintiff's Duty Of Due Diligence: A Propsed Framework For Churning Actions In Nondiscretionary Accounts Under Sec Rule 10b-5, Michael Slonim

Fordham Law Review

No abstract provided.


Tax Shelter As A Security: The Use Of Tax Returns In A 10b-5 Action, Risa A. Levine Jan 1986

Tax Shelter As A Security: The Use Of Tax Returns In A 10b-5 Action, Risa A. Levine

Fordham Urban Law Journal

This student note examines the consequences to investors who initially invest through tax shelters, and whose investments later fail, resulting in liability. The author questions policy for treating those investments in a similar manner to other securities fraud, by looking at the history and procedure of a 10b-5 private cause of action. Tax returns can be used to evaluate the liability and penalties for SEC actions and the ensuing private actions. The author concludes that because 10b-5 actions are judicially created, they must be carefully cabined and screened for reliable indications of harm to the investor. Tax returns should be …