TY - JOUR
T1 - What Makes the Securities Criminal Law System of the United States Work?
T2 - ‘All-Embracing’ ‘Blanket’ Securities Crimes and the Linked Enforcement Framework
AU - Tajti, Tibor
N1 - Publisher Copyright:
© 2021 Pravni fakultet Univerziteta Union.
PY - 2021
Y1 - 2021
N2 - The article explores the key factors that make the securities criminal law of the United States (US), as one of the integral building blocks of the capital markets and securities regulatory system, efficient. This includes the role and characteristics of sectoral (blanket) all-embracing securities crimes enshrined into the federal securities statutes, their nexus with general crimes, the close cooperation of the Securities Exchange Commission (SEC) and prosecutorial offices, the applicable evidentiary standards, and the fundamental policies undergirding these laws. The rich repository of US experiences should be instructive not only to the Member States of the European Union (EU) striving to forge deeper capital markets but also to those endeavoring to accede the EU (e.g., Serbia), or to create deep capital markets for which efficient prosecution of securities crimes is inevitable.
AB - The article explores the key factors that make the securities criminal law of the United States (US), as one of the integral building blocks of the capital markets and securities regulatory system, efficient. This includes the role and characteristics of sectoral (blanket) all-embracing securities crimes enshrined into the federal securities statutes, their nexus with general crimes, the close cooperation of the Securities Exchange Commission (SEC) and prosecutorial offices, the applicable evidentiary standards, and the fundamental policies undergirding these laws. The rich repository of US experiences should be instructive not only to the Member States of the European Union (EU) striving to forge deeper capital markets but also to those endeavoring to accede the EU (e.g., Serbia), or to create deep capital markets for which efficient prosecution of securities crimes is inevitable.
KW - All-embracing securities crimes
KW - Blanket-
KW - Capital markets
KW - Circumstantial evidence
KW - Nulla crimen sine lege
KW - Proving mens rea
UR - http://www.scopus.com/inward/record.url?scp=85122080782&partnerID=8YFLogxK
U2 - 10.5937/pravzap0-30658
DO - 10.5937/pravzap0-30658
M3 - Article
AN - SCOPUS:85122080782
SN - 2217-2815
VL - 12
SP - 146
EP - 183
JO - Pravni Zapisi
JF - Pravni Zapisi
IS - 1
ER -