Sunday, June 19, 2011

In 5-4 Vote, Supreme Court Limits Securities Fraud Suits

The Supreme Court on Monday ruled that a mutual fund’s investment adviser may not be sued for securities fraud over misstatements in fund prospectuses.

The 5-to-4 decision split along ideological lines. Justice Clarence Thomas, writing for the majority, said that only the fund itself could be held liable for violating a Securities and Exchange Commission rule that makes it unlawful for “any person, directly or indirectly” to “make any untrue statement of material fact” in connection with buying or selling securities.

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