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← Series 63: Remedies & Administrative Provisions
Series 63 practice questionhardCriminal Penalties — Scenario

For a licensing checkpoint quiz, treat the following as the opening fact pattern. Assume all filings and notices are evaluated under the USA. Janet, an unregistered agent, deliberately sold unregistered securities to elderly investors using forged prospectuses. She claims she did not know the securities needed to be registered. In a criminal prosecution, which of the following is TRUE?

  1. AJanet cannot be prosecuted criminally because she was not registered
  2. BJanet's lack of knowledge about registration requirements is a valid defense to criminal charges
  3. CJanet can only face civil penalties, not criminal prosecution
  4. DThe prosecution must prove Janet willfully violated the act beyond a reasonable doubt, though her deliberate use of forged documents strongly suggests willfulness✓ Correct answer
Explanation

Why D — The prosecution must prove Janet willfully violated the act beyond a reasonable doubt, though her deliberate use of forged documents strongly suggests willfulness

Under USA Section 409, criminal prosecution requires proof of willful violation beyond a reasonable doubt. Janet's deliberate use of forged prospectuses constitutes strong evidence of willfulness. Her claim of ignorance about registration is undermined by the deliberate nature of her other actions. Both registered and unregistered persons can face criminal prosecution. The extra setup is just noise; the controlling state-law rule stays the same.

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