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Eleventh Survey of White Collar Crime
Criminal liability for different types of false statements made to departments or agencies of the US government is established by section 1001 of Title 18 of the US Code. Under section 1001, making false, fictitious or fraudulent statements, using documents containing such statements, and concealing or falsifying a material fact are all violations. Government agency involvement, materiality, falsity and knowing and willful intent are all elements of the crime.
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... with knowingly and willfully making a materially false, fictitious, or fraudulent statement in conn..., the government's evidence of materiality in this case was sufficient for a reasonable jury ...Waldren the facts of this case, we agree with the government that be...
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... or were procured by concealment of a material fact or by willful misrepresentation." 8 U.S.C. 14... courts' uniform understanding of the "materiality" concept as embodied in other federal statutes cri...
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... of AERs, a court must engage in a fact-specific inquiry that considers the "source, conte...
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..., inter alia, knowingly making false and "material" statements to a federally insured bank in violati...'s behest, that withholding a "material fact" made a statement or representation false and thatt materiality of an allegedly false statement was for the judge,...
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... Keywords: Securities Exchange Act, materiality, material fact, Matrixx Initiatives, Siracusano, Z...
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... of AERs, a court must engage in a fact-specific inquiry that considers the "source, conte...
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Globally, most jurisdictions use a disclosure-based system instead of a merit-based system in their securities law regimes. Disclosure enhances capital market efficiency through effective dissemination of information that is material to investor decisions, in turn facilitating the raising of capital in a cost-effective and timely manner. This article examines selective aspects of disclosure in securities law across numerous jurisdictions, specifically, how it serves as a public policy instrument in capital markets. It explores whether the current regulatory framework encourages "full, true, and plain" disclosure, concluding that the increasing complexity of products and the rapid growth in electronic-based disclosure offers both upside potential and downside risks to market integrity. T...
...It also considers "materiality" as the standard for disclosure, including the int..., in reality the analyst is often the de facto investment decision-maker. In the United Kingdom, ...
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..., the District Court determined that materiality with regard to the tax and bank fraud charges was... errors infringing upon the jury's factfinding role and affecting its deliberative process in way...
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... the following amounts and the factors considered in their determination: . a. Materialit...