· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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