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Sunday, November 21, 2010 7:21:54 PM
The days of slaps of a wrist are over. Securities violators do more time in prison than murders and rapists. The sky is the limit.
Willful violations of the securities laws. Any person or entity may be subject to criminal prosecution for “willfully” violating the federal securities laws. A separate statute, the Securities Act of 1933, generally regulates the offering of securities to public investors and prohibits the making of any false or misleading statements in a registration statement. Any person who “willfully” makes a false or misleading statement in a registration statement (or otherwise violates a provision of the Securities Act of 1933 or any rules or regulations promulgated thereunder) can be fined up to $10,000 and/or imprisoned for not more than five years. See 15 U.S.C. § 77x. There are also criminal penalties for violations of the Investment Company Act of 1940 and the Investment Advisers Act of 1940. See 15 U.S.C. §80a-48; 15 U.S.C. § 80b-17.
Securities Fraud... See 18 U.S.C. § 1348. Violators of this provision can be fined and/or imprisoned for up to 25 years. Id. This provision was added by Congress as a broad, general securities fraud statute to supplement the already-existing criminal statutes.
Mail Fraud. The mail fraud statute, 18 U.S.C. § 1341, generally prohibits the use of the mails to execute a scheme to defraud a victim of money or property. To prove mail fraud, the government must generally prove that the defendant knowingly participated in a scheme to defraud using false statements, representations or omissions, acted with the specific intent to defraud, and that the defendant mailed something for purposes of carrying out the scheme. The penalty for mail fraud not affecting a financial institution is a fine and/or imprisonment for up to 20 years.
Wire Fraud. The wire fraud statute, 18 U.S.C. § 1343, generally prohibits the use of wire communications to execute a scheme to defraud a victim of money or property. The government must prove the same elements as for mail fraud, except the defendant must have used interstate wire communications facilities Aiding and Abetting. The general aiding and abetting statute, 18 U.S.C. § 2, provides that anyone who principal commit it.a proceeding, such as acts done before an investigation has even begun.
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