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First Interstate Bank sued Central Bank of Denver over defaulted municipal bonds they purchased. Central Bank was the indenture trustee on the bonds and was
First Interstate Bank sued Central Bank of Denver over defaulted municipal bonds they purchased. Central Bank was the indenture trustee on the bonds and was responsible that a developer maintained collateral equal to 160% of the bonds’ outstanding principal and interest. First Interstate Bank argued that the defendant, although innocent of any violation of the express provisions of Section 10(b) or Rule 10b-5, was liable because they were aware of the violation and contributed or substantially assisted in its consummation (aiding and abetting). What was the Supreme Court’s ruling as to whether or not Section 10(b) reaches those accused of aiding and abetting? What was the legal basis Justice Kennedy cited for his majority opinion? How does this ruling affect accountant’s liability for misstated financial statements?
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