The pending amendment involves reinstating a civil cause of action against aiders and abettors. The law, up until 1994 with a Supreme Court decision, provided that aiders and abettors were liable for damages for those who had been defrauded in securities transactions. We all know the massive problems caused by Wall Street operations with many allegations of fraud. In our effort to reform Wall Street, this is a very important provision. Traditionally, people who have been injured, lost money, as a result of fraud have had a civil right of action to go into a civil court. The law had been uniform that under the Securities Act those cases could be brought. There have been two Supreme Court decisions which have modified that, requiring this act change the decisions of the Supreme Court of the United States--which we have the authority to do: not decided on constitutional grounds but decided on grounds of statutory interpretations. So Congress has the plenary power to make that modification.
On the recordMay 13, 2010
Editor's note · Context
Senator Specter discusses an amendment to reinstate civil action against aiders and abettors in securities fraud cases.
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