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Tuesday, February 01, 2022 8:49:34 AM
IMO three lines of thought support this.
First, there is a securities law remedy principle in synthetic investing that holds more sophisticated investors to a higher standard of risk expectations. This further developed out of the PLS derivative mess.
Second, federal regulations already draw a similar distinction by making certain investments off-limits, from the get-go, except for highly accredited investors.
Finally neither Ps nor Ds have raised this. That very silence fact can be a dead give-away that -in fact - it is already the elephant in the room. Law clerks will mention it only when it’s necessary- that is - when a final remedy order goes in its draft stage.
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