US Court Makes it Easier for SEC to Allege 'Aiding' in Securities Fraud

A recent decision by the Second Circuit Court of Appeals in New York will make it easier for the U.S. Securities and Exchange Commission (SEC) to bring charges against someone for aiding or assisting in securities fraud - further exposing those involved in the already heavily regulated industry to additional criminal liability.

Court of Appeals Decision

Earlier this month, the federal appellate court overturned a 2010 federal decision that had originally determined that the SEC must satisfy a higher legal burden in order to prove that an individual "aided and abetted" in securities fraud. However, the recent opinion effectively restored the case against a company's former chief financial officer over allegations that he aided in accounting fraud.

Specifically the appellate court declined to follow the reasoning of the lower court which had originally required the SEC to show that the defendant was the "proximate" cause of the harm before they could be held liable for aiding and abetting the alleged fraud.

Instead, the opinion of the appeals court greatly lowered this burden - stating now that the SEC only has to show that the defendant gave "substantial assistance" to the fraud, which can be shown by proving the defendant connected themselves with the fraud, and through some action, attempted to make it successful.

When it comes to securities fraud, there seems to be ever-increasing regulatory oversight, which also seems to be constantly changing. Because of this, it is harder than ever to know when you may be doing something inappropriate - with this opinion making it even easier for federal regulators to allege criminal liability.

Source: Reuters, "U.S. court eases SEC burden to show defendant aided fraud," Jonathan Stempel

Our firm often handles the legal defenses of those accused of securities fraud in the complex and heavily regulated industry. If you would like to learn more about our securities fraud defense practice, please visit our New York City Securities Fraud page.

No Comments

Leave a comment
Comment Information

Hear From Our Clients

Mr. Skolnik and Mr. Gaboury have represented me on multiple cases over the past two years. They are dependable, knowledgeable, and professional. They provided high quality legal guidance for my small business during a difficult time and brought me a peace of mind. I highly recommend Cox Padmore Skolnik & Shakarchy as your legal business representative. -Anonymous

Read More Reviews

Contact Us

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Tap To Request An Exploratory Consultation

New York Office
630 Third Avenue
19th Floor
New York, NY 10017

Phone: 646-355-1648
New York Office Map

Great Neck Office
98 Cutter Mill Road
Suite 310N
Great Neck, NY 11021

Phone: 646-355-1648
Great Neck Office Map

Hackensack Office
27 Warren Street
Suite 304
Hackensack, NJ 07601

Phone: 646-355-1648
Hackensack Office Map

Denver Office
1060 Humboldt Street
Denver, CO 80218

Phone: 646-355-1648
Denver Office Map