Re:Theranos investors cannot pursue class action: U.S. judge
by astura on Saturday June 02, 2018 @09:12AM
(#17214441)
The SEC doesn't have the power to jail people or bring about criminal charges, they only enforce securities law, and have the right to levy punishment related to violations in securities law.
Criminal charges are brought about by the Dept of Justice. The burden of proof for criminal cases is much higher so it takes more time to do the investigation and prepare the case. You also only get one shot at criminal charges - if you bring about a case that's too flimsy and the defendant is found not guilty in court they can't be tried again for the same crime no matter how much rock solid evidence is found later. As far as I am aware, the criminal investigation is still ongoing.
The SEC can report their findings to the DoJ to assist with criminal cases.
Criminal charges are brought about by the Dept of Justice. The burden of proof for criminal cases is much higher so it takes more time to do the investigation and prepare the case. You also only get one shot at criminal charges - if you bring about a case that's too flimsy and the defendant is found not guilty in court they can't be tried again for the same crime no matter how much rock solid evidence is found later. As far as I am aware, the criminal investigation is still ongoing.
The SEC can report their findings to the DoJ to assist with criminal cases.