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Series 63: Remedies & Administrative Provisions
Series 63 practice questionmediumEdge Case: Negligence vs. Fraud

A banker negligently fails to review updated financials and repeats outdated, inaccurate statements to a client. The client loses money. Which of the following best describes the banker’s liability?

  1. ASubject to criminal prosecution for fraud
  2. BSubject to civil liability for negligent misrepresentation, but not fraud✓ Correct answer
  3. CNo liability since the conduct was unintentional
  4. DStrict liability for fraud under the USA
Explanation

Why BSubject to civil liability for negligent misrepresentation, but not fraud

Negligent misrepresentation may result in civil liability, but criminal fraud requires intentional conduct (scienter) (USA Sec. 410). Strict liability for fraud does not exist; C is incorrect as negligence is still actionable.

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