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Series 63: Remedies & Administrative Provisions
Series 63 practice questionmediumKnowledge and Intent in Fraud Cases

During a client presentation, a junior banker intentionally withholds negative information about a recommended security. The client suffers a loss. What MUST be true for the state to pursue criminal fraud charges?

  1. AThe client must prove damages.
  2. BThe omission must have been intentional.✓ Correct answer
  3. CThe recommendation must have been unsolicited.
  4. DThe security must be unregistered.
Explanation

Why BThe omission must have been intentional.

Criminal fraud under the USA requires scienter—intent to deceive (USA Sec. 409). Client damages are necessary for civil liability but not for criminal charges; registration and solicitation status are irrelevant.

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