What Are The Rule 10b 5 Principles

Decent Essays
Rule 10b-5 applies to any purchase or sale, by any person, of any security. Clauses 1 and 3 of rule 10b-5 use the terms fraud and deceit which must occur in connection with a purchase or sale but need not relate to the terms of the transaction. For example, in Securities and Exchange Commission v. Zandford , the U.S. Supreme Court found out that Zandford had violated the rule 10b-5 of the act 34 by engaging in a scheme to defraud the Woods and misappropriating their securities without their knowledge or consent; that his practices were not independent events; that each sale was made to further his fraudulent scheme and that each was deceptive because it was neither authorized by, nor disclosed to, the Woods

Related Documents

  • Great Essays

    Also if the defendant should pay a pecuniary penalty regarding his contraventions ss1041A, 1041B, 181(1) and 182(1) of the Act and if any orders should be made pursuant to s206C(1) of the Act disqualifying the defendant from managing corporations for a period considered appropriate by the court.  However, the costs involved in the proceedings be reserved for further consideration.(ASIC v Soust, 2010, p. 5,6) To add a special note – settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. In the mentioned case, the defendant denied that while making the purchase of shares he was acting in the capacity of Director of Select Vaccines.…

    • 1594 Words
    • 7 Pages
    Great Essays
  • Decent Essays

    The conduct was ‘in trade or commerce’ • The conduct was ‘misleading or deceptive or … likely to mislead or deceive’…

    • 327 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    In Stephen L. Carter’s article “The Rules about the Rules”, Carter explains the word integrity, and the meaning of it to Americans. The author gives various examples of how he defines integrity, and how so many Americans crave it but do not understand the meaning of it. Carter’s recalls a time where a football player fooled the referees in alluding he caught the ball, while gaining the completion, the player showed his lack of integrity. The whole purpose of the football player lying was to make his teammates and fans happy, which gave his team an advantage. The sports broadcasters celebrated the player’s act which land his team an advantage.…

    • 256 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    The purpose of the Florida code of ethics is leading individuals' appropriate ethical behavior. There are three categories of codes of ethics: Corporate, professional, and government/public service. In addition, the codes for public officials and employees is in government/public category. The codes for public officials and employees is about individuals who work for the government at the federal, state, or local level, and whose salaries are paid by citizens through their taxes. Part A in Section III includes all about prohibited actions or conduct.…

    • 168 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    The article is important to social workers for several reasons, but particularly in regards to raising awareness in diagnosing individuals properly. Social workers are expected to diagnose mental disorders following practice standards. A social worker that fails to properly diagnose a client with a mental disorder resulting in the client being harmed could be liable for malpractice. Social workers can be liable for a malpractice suit, because of misdiagnoses and failure to diagnose clients for proper treatment.…

    • 431 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The NASW Code Of Ethics

    • 378 Words
    • 2 Pages

    In the NASW Code of Ethics is the core of social workers work ethic. A social workers job and responsibility are to enforce: The Ethical Principles which are the six core values. Service- Assist people who need assistance, and addressing social problems they are experiencing. To encourage social workers to volunteer their skills and knowledge, and do Pro Bono Services for the client who needs the service.…

    • 378 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The plain meaning rule says to give effect to text if it has a plain meaning. If text is ambiguous – whether in meaning or in breadth, an ordinary meaning at the time of enactment can be used, supplied by a dictionary. Because of the serious consequences the charge, including long-term imprisonment and overextension of federal power, and the incredibly broad reach of the definition, the court will likely allow evidence of legislative history and ordinary meaning to find a more narrow interpretation of chemical weapon. The court may use the ordinary meaning especially when trying to find the reach of such a broad definition. The court may find a reasonable, ordinary meaning would not describe Dann’s crime as involving a chemical weapon.…

    • 200 Words
    • 1 Pages
    Improved Essays
  • Great Essays

    9. Laura’s allegations a. Fact: Laura found the shortfall and repayment, she reported to Robert Calloway, the Chair of the Audit Committee. Robert arranged a meeting with Tony and Doug to look in to Laura’s allegations. They lied and denied all the allegation and Robert believed them without investigation.…

    • 866 Words
    • 4 Pages
    Great Essays
  • Decent Essays

    Nasw Code Of Ethics

    • 91 Words
    • 1 Pages

    Gift giving can create a conflict of interest. That is why it is important to set boundaries in the beginning of the client and social worker relationship. If a client were to offer me a gift, I would determine whether it is appropriate to accept the gift because some cultures find it rude or offensive to decline the gift. If there is not any cultural customs, I will show my appreciation.…

    • 91 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Nasw Code Of Ethics

    • 927 Words
    • 4 Pages

    The National Association of Social Workers (NASW) code of ethics is a list of rules meant to help social workers make informed decisions when faced with an ethical dilemma. These rules are broken down into categories in order to maintain a social worker’s responsibility to their clients, colleagues, and the profession. Although, making a responsible decision is easier said than done. Social workers are bound to come across dilemmas in their professional career that cannot be answered simply by looking at the ethical rules. That is, the rules may conflict with one another.…

    • 927 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    There are numerous of possible defences to offending, here are five of them. The first example is self defense and one offense that can be used for that type of defense is assault. Self-defense is only used if the assault is unlawful and unprovoked, and if the victim uses a reasonable amount of force. For example, if the assaulter is only using his fists and punching the victim, then the victim using a knife to defend himself would be an unreasonable amount of force whereas him using just his hands would be a reasonable amount of force. In addition, to that the victim cannot have the intent to cause death or bodily harm to use the defense, but if there is intent of death and bodily harm then the victim would have to justify that he thought…

    • 156 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    A lawsuit has been filed on behalf of all people who purchased or acquired Pacific Coast Oil Trust (PCOT) securities that became effective on May 2, 2012 and September 19, 2013. It is alleged that PCOT violated federal securities laws in its disclosures. The disclosures issued are believed to misrepresent its business, operations, and prospects. More specifically, it is claimed that the statements are misleading regarding PCOT’s capital expenditures and hedge contracts (Faruqi & Faruqi, LLP). PCOT announced its Secondary offering on September 18, 2013.…

    • 530 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Rule Utilitarianism

    • 977 Words
    • 4 Pages

    Stealing to survive How would a utilitarian respond to the dilemma of stealing to survive? Utilitarianism is a normative theory and a teleological approach to morality. The theory states that motives do not matter and that the consequences are the only thing that should make you carry out an act. The foundation of utilitarianism is the Greatest Happiness Principle which has three sections.…

    • 977 Words
    • 4 Pages
    Superior Essays
  • Superior Essays

    The fifth chapter of the book boundaries is about the ten laws of boundaries and how we should be applying them to our lives. Some of the laws covered in this chapter were the law of respect, the law of evaluation, and the law of activity. The law of respect perfectly is perfectly summarized when the author says, “We need to love the boundaries of others in order to command respect our own.” (Cloud, Townsend, 1992, p.92). While the law of respect is very important, we are reminded by the law of evaluation that we should be able to respect someone and their boundaries without being afraid to evaluate or confront them on the boundary problems we see.…

    • 311 Words
    • 2 Pages
    Superior Essays
  • Superior Essays

    One of the schemes in finance is called “pump-and-dump” and refers to a stock fraud that involves inflating the price of an owned stock through misleading positive statements, in order to sell the inexpensively purchased stock at the raised price. The Securities and Exchange Commission’s goal is to protect investors and maintain fair, efficient markets. They have exposed multiple cases of pumping and dumping, which has become a fairly common practice in finance. In July 2015, the SEC released information about three men who pumped the price of penny stocks as high as 1800 percent before dumping the shares for almost three million dollars. In November 2015, the commission announced fraud charges against several alleged perpetrators behind a $78 million pump-and-dump scheme involving the stock of Jammin’ Java.…

    • 1923 Words
    • 8 Pages
    Superior Essays