Two examples that have been prominently used in this particular debate on this amendment, Barings and Orange County. If we apply the requirements of Scienter under this particular statute that we are discussing, the defendant directly or indirectly made a fraudulent statement, the defendant possessed the intention to deceive, manipulate, or defraud, the defendant made such fraudulent statement knowingly or recklessly. As we know the facts of these two particular cases, in these two particular cases, they would not be afforded any of the benefits under the statute that we are debating which is aimed at stopping frivolous lawsuits.
Jack Fields: “Two examples that have been prominently used in this particular debate on this amendment, Barings and Orange County. If…”
Editor's note · Context
Discussing the implications of a statute on fraud cases during a debate on an amendment.
Share
More from Jack Fields
Most countries cannot stand in that glare, in that spotlight, and I have every confidence in you and Chairman Fleming being able to make a real difference.
Did you ever envision that this law would be used to destroy the economic value of millions of items legally acquired by Americans over the years?
I appreciate all of the gentleman's kind remarks. I think it is refreshing for the public and the country at large to see both sides of the aisle working in an extremely complex issue area, working together and finding commonality. Mr…
I support the amendment, because it provides a more efficient mechanism for an auditor to report the discovery of acts of questionable legality to management, the board of directors, and, if necessary, to the Securities and Exchange…





