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Assignment 4 – Critical Thinking and Writing Assignment

Assignment 4 – Critical Thinking and Writing Assignment
see page 636 – Problem 21-8 Business Law Critical Thinking
Answer the three questions as an individual even though it mentions “groups”:

Specific Requirements :
Papers should be a minimum of 750 words (approx. 3 pages) to a maximum of 1,000 words. Use the word count feature in Microsoft Word.
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Please note: Personal, opinion-based discussions and those that read like a conversation with a peer (using “I”, “you” and “we”) are not acceptable. Write using the third person – like the text book.
Please Remember: The more research, writing, and analysis provided by the student increases the possibility for earning more points.
636 Business Law T° day: The Essen ials
¯¯For a samp1e answer to Prob1en121-5,go to Appendix H
at the end ofthis text
D;scIosvre vnder sEC RvIe10b¯ 5 D dona I`LLc,invested
$4million in tw° securitles ollerings flom Go1dman,sachs&
Co The investlllents
`ere in collatcrahzcd debt obhgations (CD sl Thcir va1uc depcnded n re denti mortgage-backed
securities(Rlv Bs), Jhose ·alue in turn depended on the pe
investlncnts in the subprimc lnarkct;in
: ;::f F 9:::
`hich it had invested heavily To li1nit its risk,Goldman began betting against sub~
prin e mortgages,RMBs,and CDos,induding the CD s
it had sold to Dod na In an internal e-mail, one Goldman
ofscial commcnted that the company had managed to(n1ake
8me kmonade om some b old lCmo N ·ertlleless,
Goldman rnarketing rnaterials provided only boilerp1ate statcments
about the risks ofinvesting in the securities The CD s
were1ater do v graded to junk status,and Dodona suffcred a
malor lo“ while Goldman pro ted A$umlllg tllat Go1dman
did not a rmatively misKpresent any hcts about the CDos,
can Dod na still rec° ver under sEc Rule 10b~5 If so,h ` [Dodo dr,LLc v G md ,sdchs&Co,847Fsupp2d624
(sDNY20]2)l(see pages618~62 )
A Qves” n of EIhks-Vi° l¤ °ns of Ihe1934Ac
N/lelvin ttle told John s/lontana and Paul Knight about a “Trading Program” that purportedly fou1d buy and scllsecu~
llties in dcals that wele ltll insulcd,as well as monitoled
and contro1led by thc Federal Resc` BOard NVlthout checr
ing the detai‘ or e nx,enfy ng whether the program existed~
Montana and Knight, h Iyttle‘ hdp,bcgan to se11interes‘
in the program to invcstors For a n1inlmum investment of

t
‘ould“utihze banks that can ensure ful1bank integnty of

The Transaction lvhose undertaking[sl are in comp1ete ha
mony lvlth international banking ru1es and protocoland who
lcl guarantee maxlmum secun,of a Funderb capltal
P1acement Amount” Noth1ng as required but the investors¯
funds and their silence~¯the pr° gran1 /as to be kcpt secret
ver a fou month penod,M ntana ralsed nearly$23mn~
hon from t venty-tuzo invcstors The pro 1ised gains did nOL

l The securities and Exchange c° mlnission(SEC)nled a

suit aga nst Montana alleglng olations of Scction10(b)
and SEC Ru1c1ob~5 hat is requircd to estabhsh a violation
of these1asvs Explain how and wh,z the facts1n thls
case rneet,or%il to lneet,thesc requirements
2 Ultlmately about half of the investors rccoupcd the
amount thcy had invcsted Should thc Others be con~
sidercd at least pardy responsible for their0 n losses
D1scuss
Cr ical Thinking and Writing Assignments
9I^:
ated and approvcd his cmpl°
:;1 :1IIlt
yerb cxtensions of credit to ch~
: :
en‘ These respon6ibilities gave Svoboda access to nonpubhc
infomat10n aboutthe clIents’ earllings,perfomance,acquisitions,and
business plans flo 1consdcntial lnemOs,e-1na1l,
and othcr sources Svoboda del sed a scheme th A1ena
Robles,an independent accountant,to use this infonnatlon
to trade secunrles Pursuantto thcir schcme,Robles tradcd in
the secuntles fm°re than t /enty diffcrent companies and
pro ted by morc than$2mmlon sv b da also cxecutcd
trades for hls owll pront fm re tllan$8o0,000,despite thelr
agreement that Robles would do all ofthe tlading
`re that
their schcme vi° lated Roguc Banko pohcy thcy attcmpted to
conducttheir trades to avoid suspicion
`/hen the bank ques~ tioncd svob°da about his actions,he lied,reftlsed to coopc
ate,and xv,as red
1 The nrst group /ill detern inc
`hether svoboda or Roblcs conunitted any crimcs
2 The second gr up
`ill decide
`hether Svoboda or Robles ale sublcct to ci ` hab11ity If so,who could
nle a suit and on /hat ground Vhat are the possible
sanctionsP
3 A third group wm idenu any defenses that svob° da
or Robles could raise,and deterl,line their likehho° d of
success

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