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Liability for Aiding and Abetting Securities Violations Act of 2009
To amend section 20 of the Securities Exchange Act of 1934 to allow for a private civil action against a person that provides substantial assistance in violation of such Act.
Summary
This bill amends the Securities Exchange Act of 1934 to allow private civil actions against persons who knowingly or recklessly provide substantial assistance to others in violating federal securities laws or SEC regulations. Anyone who provides such assistance would be held liable to the same extent as the person being aided in the securities violation. The amendment expands the existing framework that previously addressed only prosecutions by the Securities and Exchange Commission to now include private civil lawsuits by investors and other private parties.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
- Sen. Specter, Arlen [D-PA] (D-PA)
5 cosponsors
- Sen. Kaufman, Edward E. [D-DE] (D-DE)
- Sen. Kerry, John F. [D-MA] (D-MA)
- Sen. Leahy, Patrick J. [D-VT] (D-VT)
- Sen. Reed, Jack [D-RI] (D-RI)
- Sen. Whitehouse, Sheldon [D-RI] (D-RI)
Actions (4)
- Sep 17, 2009 Committee on the Judiciary Senate Subcommittee on Crime and Drugs. Hearings held. With printed Hearing: S.Hrg. 111-369. · senate
- Jul 30, 2009 Read twice and referred to the Committee on the Judiciary. · senate
- Jul 30, 2009 Sponsor introductory remarks on measure. (CR S8564-8565)
- Jul 30, 2009 Introduced in Senate
More bills on these subjects (8)
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Similar bills (6)
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Text versions (1)
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Full text
IN THE SENATE OF THE UNITED STATES
July 30, 2009
Mr. Specter (for himself, Mr. Reed, and Mr. Kaufman) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To amend section 20 of the Securities Exchange Act of 1934 to allow for a private civil action against a person that provides substantial assistance in violation of such Act.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Liability for Aiding and Abetting Securities Violations Act of 2009”.
SEC. 2. PRIVATE CIVIL ACTION FOR AIDING AND ABETTING.
Section 20(e) of the Securities Exchange Act of 1934 (15 U.S.C. 78t(e)) is amended—
(1) in the subsection heading, by striking “Prosecution of” and inserting “Actions Against”;
(2) by striking “For purposes” and inserting the following:
“(1) Actions brought by commission.—For purposes”;
(3) in paragraph (1), as so designated, by inserting “or recklessly” after “knowingly”; and
(4) by adding at the end the following:
“(2) Private civil actions.—For purposes of any private civil action implied under this title, any person that knowingly or recklessly provides substantial assistance to another person in violation of this title, or of any rule or regulation issued under this title, shall be deemed to be in violation of this title to the same extent as the person to whom such assistance is provided.”. <all>
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