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Governmental Half-Truths Amounting to Deceit

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  • Legalbear
    This quote is to a securities salesman being prosecuted for telling half truths. Why doesn’t this apply to government-law enforcement-judges-prosecutors as
    Message 1 of 1 , Sep 18, 2010
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      This quote is to a securities salesman being prosecuted for telling half truths. Why doesn’t this apply to government-law enforcement-judges-prosecutors as well?

       

      [41]      A half-truth which amounts to deceit is a fraudulent statement. Coplin, 88 F.2d at 657. It requires no linguistic subtlety on the part of a person of ordinary intelligence to know that, in connection with the sale of a security, section 11-51-123(1), 4 C.R.S. (1985 Supp.), encompasses untrue statements of material fact, the omission of a material fact essential to make the statement not misleading in light of the circumstances under which it is made, and any act or practice that operates or would operate as a fraud or deceit upon a purchaser. In this case the essence of the charges against the defendant relate to his willfully making untrue and misleading statements to purchasers of Income Realty bonds and stock. These statements related to the nature of the property interests securing such investments, the prospect of the purchaser receiving a return of the investment upon demand, and the safety of such investments. People v. Riley, 1985.CO.40004 <http://www.versuslaw.com>¶ 41; 708 P.2d 1359 (Colo. 1985).

       

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