If you want evidence that the SEC was really determined to bend over backward on this one, how about the fact that the agreement didn't even include the usual statement, by the defendant, not to commit fraud in the future:
The settlement deal... is also notable for something that it did not include: a common provision that prohibits defendants from committing future violations with fraudulent intent. The lack of a so-called fraud injunction is an unusual victory for the target of an S.E.C. action.You may wonder why it even makes sense to include a clause prohibiting a defendant from committing future fraudulent acts, as fraud is already illegal. And just being a citizen essentially means you've agreed to it. Apparently, this clause makes it easier to prosecute future cases (the court can hold the defendant in contempt of court, at least in principle, for violating the law even after telling the court that he wouldn't). But here we have the SEC going to extra lengths not to make Mr. Falcone make such a terrible promise.
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