Securities attorney Marc Fitapelli explains the basics of securities fraud. First, attorney Fitapelli defines "what is a security" based on the seminal US Supreme Court case SEC v. W.J. Howey Co., 328 U.S. 293 (1946). After understanding this concept, attorney Fitapelli provides specific examples of what is or is not a security based on case law and his experience as a securities law attorney.
Securities fraud is defined to mean a material misrepresentation or omission made in connection with the offer and sale of a security resulting in damages to the investor. This is not a technical definition and is used for illustrative purposes only.
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