This Article discusses the prospect of securities fraud criminal prosecutions after the landmark decision People v. Simon, decided by the California Supreme Court in 1995. The California Supreme Court held that neither "guilty knowledge" nor "criminal intent" was required for a criminal conviction under Corporations Code 25401. This Article poses the question as to whether criminal prosecution is still a viable tool for enforcing California's anti-fraud provision. The authors answer the question with a resounding yes, concluding that criminal prosecution for securities fraud will continue even in the aftermath of Simon.
George A. Crawford, Natalie C. Roberts & Shawn L. Nelson,
Securities Fraud Prosecutions: Still Viable Under California Securities Law After Simon?,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol33/iss3/9