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· 9/15/2009

United States Securities & Exchange Commission v. Pirate Investor LLC

Citations

  • 580 F.3d 233
  • 2009 U.S. App. LEXIS 20455

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that, to be actionable, a statement must both be “false” and “concern a material fact”
  • explaining that statutes should not be read as a collection of isolated phrases
  • affirming scienter finding where defendant, acting on financial motive, made statement knowing it was false
  • discussing cases where defendant’s “intent to induce a securities transaction” supported connectivity
  • “The SEC meets its burden of proving scienter by establishing that the speaker acted intentionally or recklessly; the negligent speaker, however, avoids liability.”
  • “Unlike private litigants, the SEC need not prove the additional element of reliance or loss causation.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Williams, Niemeyer, Motz

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.