Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Criminal Securities Fraud And The Lower Materiality Standard, Wendy Gerwick Couture
Criminal Securities Fraud And The Lower Materiality Standard, Wendy Gerwick Couture
Articles
No abstract provided.
White Collar Crime's Gray Area: The Anomaly Of Criminalizing Conduct Not Civilly Actionable, Wendy Gerwick Couture
White Collar Crime's Gray Area: The Anomaly Of Criminalizing Conduct Not Civilly Actionable, Wendy Gerwick Couture
Articles
Substantive and procedural differences between criminal and civil treatment of conduct sounding in securities fraud combine to cause the following anomaly: certain false statements to investors may be actionable criminally-subjecting individual defendants to imprisonment-but not civilly-leaving victims without remedy. The imposition of criminal punishment for conduct that does not invoke civil liability risks disrupting the current scheme of securities regulation, at the expense of considerations deemed important by Congress and the courts. Moreover, the extension of criminal liability beyond the scope of civil liability debunks the assumption, which underlies the current scholarship on the civil-criminal divide, that criminal liability is …