Replies to post #7970 on SEC Charges Eleven in Stock Manipulation Ring

[scion]

The indictment lists the crimes the defendant allegedly committed and describes the facts the government believes support those allegations. It is a roadmap to what the prosecution intends to prove at trial. Grand jury indictments are returned to the district court - usually to a magistrate judge - in a sealed court hearing. Indictments generally are unsealed after a defendant is arrested.

http://www.uscourts.gov/journalistguide/district_criminal.html

[jarta]

Generic, ... "Why is this titled "FACTS" and not "ALLEGATIONS" or something else?"

From an attorney.

In a complaint or indictment, as a part of the complaint or indictment, sufficient facts must be alleged to be true to withstand a motion to dismiss the complaint (for failure to state a valid claim for relief) or indictment (for failure to state a violation of a criminal statute).

At a trial, those facts must be proved by the plaintiff to support a judgment (civil) or a conviction (criminal). The plaintiff's burden of proof at a civil trial is usually by a preponderance of the evidence. The plaintiff's (government's) burden of proof at a criminal trial is beyond a reasonable doubt. ... eom