Labels:book | daily | reckoner | sky | tree OCR: defendant's state of mind is no different whether he assists the by action inaction Moreover the tule utilized by the court bclow requires less than even the Ninth Circuil's approach. The Ninth Circuit has reduced the scienter rcquirement recklessness based actual affirmative actions only wherc the actions constitute (finding misrepresentations. Levine, 950 F.2d 1484 especially significant the fact that defendant trust cven company the issucd deceplive confirmations t investors) conduct Thus. 01 decep- Ninth Circuit at least searches for some tive nature The court below recognized no such limitation, abetiing deeming recklessness sufficient any aiding -and case based on assist ance D action. The failure of the Tenth Circuit new standard to adhere the Emst Ernst scienier requirement is ampl ...
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