scienter

1 That is, there is no evidence whatever of scienter.

2 Having due respect to Your Honor's ruling as to the sufficiency of the indictment I shall address myself simply to the question of scienter.

3 Under federal securities law, proving fraud requires establishing “scienter,” which means intent or at least recklessness.

4 Well," I answered, remembering "scienter," "I've no doubt that you could beat them all.

5 "But how in the world could I have proved a scienter?" wrathfully demanded the lawyer.

6 That alone could undermine the element of intent, or scienter, the SEC must prove to find Peixoto guilty.

7 The law “imposes a presumption of scienter,” or knowledge that one’s actions are wrong, Baskervill wrote.

8 Yet proving scienter, or the intent or knowledge of wrongdoing, has been a staple requirement of British and American law for centuries lest innocent mistakes be prosecuted as intentional frauds.

9 This seems much more palatable than having the litigation drag on, with the risk of a jury finding that the firm acted with scienter in violating Rule 10b-5.

10 He merely got up and said that you had no scienter—whatever that is.

11 The SEC responded that Goldman had acted with scienter, or intent to commit securities fraud.

12 Of course, society sometimes cares about motives — mens rea and scienter are common considerations in legal matters.

当然，社会有时需要关注动机——犯罪意图和主观故意是法律问题常见的考虑。

13 The other part—that he set the dog on him—lacks the allegation that the dog was vicious and that Appleboy knew it; in other words an allegation of scienter.

14 The Second Circuit ruling means prosecutors also must show the trader had scienter or guilty knowledge, an essential element for criminal liability.

15 The Second, Seventh and Ninth Circuits have held that courts may infer corporate scienter without being able to name the individuals who engaged in the alleged fraud.

16 Why scienter is one of the most complicated and technical defences known to the law.

17 Of course an allegation of scienter is necessary!

18 By the logic of the appeals court’s 2008 decision, the SEC couldn’t have established that GE acted with scienter unless it proved one of its employees did, too.

19 In some jurisdictions, statutes impose absolute liability for certain types of damage (e. g. dog bites) without requiring scienter.

在一些法域，法律对某些类型的损害规定了绝对责任(例如狗咬人)，而并不要求明知。

20 The distinction, the SEC says, is that Goldman acted with scienter, which in such cases means knowingly engaging in securities fraud.

1 有意地

purposely on purpose

2 故意

set voluntary intended systematic deliberate intentional purposeful knowing willful studied studious witting deliberately knowingly purposely designedly apurpose deliberation accidentally on purpose of purpose by design calculated designed open-eyed prepense prepensely intentionally wittingly advisedly go out of the way to V go out of way to V by intention conscious study

3 有意

voluntary deliberate intentional minded witting purposely study on purpose

4 蓄意

voluntary malicious deliberate calculated prepense deliberately

5 蓄意地

deliberately

6 明知

open-eyed knowing

7 故意地

deliberately knowingly designedly apurpose accidentally on purpose of purpose by design