What are the differences between criminal and civil securities fraud cases?

In Oklahoma, securities fraud can be either a criminal or civil matter. The primary differences between criminal and civil cases are the burden of proof, the parties involved, the process, and the penalties or remedies. In criminal cases, the burden of proof is "beyond a reasonable doubt," meaning the prosecution must demonstrate to the jury that the accused is guilty of the crime charged. If a jury finds the accused guilty, then criminal penalties will be imposed, such as prison time and/or fines. The parties involved in a criminal case are the government (prosecution) and the accused (defendant). In civil cases, the burden of proof is "preponderance of the evidence," meaning the party bringing the action (plaintiff) must demonstrate to the judge that the other party (defendant) is more likely than not responsible for the damages caused. If the defendant is found liable, the plaintiff might receive monetary damages. In either criminal or civil cases, the process generally involves a filing of a complaint or indictment, then discovery, which is the process through which parties to the case exchange evidence and documents, followed by pre-trial and trial proceedings. The major difference between criminal and civil cases is the penalties or remedies. In criminal cases, the accused might be handed a jail sentence or fined, while in civil cases, the defendant might be liable for damages, meaning they are responsible for paying money to the other party.

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What are the differences between criminal and civil securities fraud cases?

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