CyberKey Solutions fka CKYS

[mordicai]

No, but I believe Plant had knowledge/intent and that in general in order to defraud someone the perpetrator has knowledge and intent of what he is doing. Your focus is misplaced. The SEC has to prove their case, and is being cautious by pleading alternatively. It is one thing to allege knowledge, but now try to prove someone had knowledge. Written documents could certainly provide such proof i.e. the press releases and phony contract document. But what if Plant has another patsy who testifies "Jim never saw those"? The statute apparantely allows the SEC to get a conviction on the alternate and easier to prove "should have known" element of the crime.