Scienter

Advanced ⚖️ Legal

Definition

The defendant's knowledge of wrongdoing, or intent to deceive, which is often required to prove securities fraud. It is the difference between a mistake and a scheme, and it is notoriously hard to prove.

Example Usage

The complaint failed to allege scienter with enough detail, so the securities fraud claims were dismissed.

Origin

Latin 'scienter', meaning knowingly, from 'scire', to know.

Source: Securities Exchange Act of 1934 case law