The defense, according to prosecutors, is trying to make the claim to the jury that clients still had a credit to the funds they deposited even if the money wasn’t there because it was being used for other things. Prosecutors say the argument is “untethered to the facts of the case” and that a “credit to obtain funds at a later date, if such funds are ultimately available, is clearly not the same, or as valuable, as the money or property itself.”
In a footnote, the prosecution writes, “A popular movie from the 1990s illustrates the point: a briefcase, once filled with money, is not the same as a briefcase later filled with IOUs.” In “Dumb and Dumber,” when the briefcase reaches its owner, it’s filled with paper.
“That’s as good as money, sir,” says Carrey, playing the character Lloyd Christmas.
‘Enforcement 40’ for 2020
Join Us On LinkedIn
Join the Securities Litigation and Enforcement Group on LinkedIn