It is difficult to get a civil securities fraud case to trial, but there are gems to pluck from the criminal cases, which are tried. In criminal securities fraud prosecutions, a conscious avoidance instruction "permits a jury to find that a defendant had culpable knowledge of a fact when the evidence shows that the defendant intentionally avoided confirming the fac ...
It is difficult to get a civil securities fraud case to trial, but there are gems to pluck from the criminal cases, which are tried. In criminal securities fraud prosecutions, a conscious avoidance instruction “permits a jury to find that…