76.
(p. 154)
Explain the type of conduct generally referenced by the term “criminal fraud” and list the
three elements generally involved in establishing criminal fraud.
77.
(p. 164)
Penny, who is the president of XYZ Corporation, tells Andy that buying stock in XYZ
Corporation right now is a good idea. Andy is only casually acquainted with Penny and did not
know that she was an officer of the corporation. He, however, acting on her information
investigated the company somewhat and proceeded to buy some stock. Both Penny and Andy
were charged with insider trading. Both Penny and Andy say that they did not know that insider
trading was against the law. Also, Andy says that he did not even know that Penny was an officer
of XYZ Corporation and that he thought the information at issue was public information. Provide
the legal definitions for the defenses asserted and discuss whether they are adequate.