How does a criminal securities fraud case differ from a civil securities fraud case?

In California, the major difference between a criminal securities fraud case and a civil securities fraud case is the burden of proof. In a criminal securities fraud case, the prosecutor must prove beyond a reasonable doubt that the defendant knowingly committed fraud. This is known as the "highest" level of proof required by law. In contrast, in a civil securities fraud case burden of proof is lower. The plaintiff in a civil securities case only needs to prove that the defendant engaged in fraud by showing a "preponderance of the evidence." This means that it is more likely than not that the defendant committed fraud. Another difference between a criminal and civil case is that in a criminal case, if the defendant is found guilty, there is usually a jail sentence and/or restitution imposed. In contrast, in a civil case, the damages awarded are usually monetary in nature and the defendant may not be given a jail sentence. Finally, the primary goal of a criminal case is to punish the defendant for his or her actions, while the primary goal of a civil case is to fairly compensate the plaintiff for any damages suffered as a result of the fraud. Overall, the main difference between a criminal securities fraud case and a civil securities fraud case is the level of proof required to prove the case, as well as the primary goal of the case. Criminal cases focus on punishing the defendant, while civil cases focus on fairly compensating the plaintiff.

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How does a criminal securities fraud case differ from a civil securities fraud case?

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