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Monday, June 25, 2018 4:00:43 PM
How can anyone think this is not related to SRMX???
Are you mistaking the reference to: (People v. Simon (1995) 9 Ca1.4"‘ 493, 522.)?
That's the case that set the statute for this conviction. Not that it happened in 1995.
"Crime(s) of which convicted and c1assi?cation(s):
Violation of Corporations Code 825401, Offering a security by means of an untrue statement or omission of a material fact, one count, a felony that involves moral turpitude.
A violation of Corp. Code, sec. 25401, requires knowledge of falsity or omission or criminal negligence re same. (People v. Simon (1995) 9 Ca1.4"‘ 493, 522.)
Respondent here admitted the he “knowingly made a material omission of a material fact.” (See p. 4 of felony guilty plea.)
Examination of record of conviction for purposes of moral turpitude classi?cation includes the charging document, plea agreement and explicit factual ?ndings to which defendant assented. (Omari v. Gonzales (Sm Cir. 2005) 419 F.3d 303, 308.)
Intent to defraud is moral turpitude."
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