- 12 - on which petitioner relied. Ky. Rev. Stat. Ann. sec. 514.040 (Michie 1990); Commonwealth v. Burnette, 875 S.W.2d 865, 868 (Ky. 1994); Brown v. Commonwealth, 656 S.W.2d 727, 728 (Ky. 1983). Petitioner contends that he bought ZZZZ Best stock in reliance on Minkow’s representations and material Minkow sent him. Petitioner contends that Minkow’s intent to deceive him about the receivables also showed that Minkow intended to deceive him to buy ZZZZ Best stock. Petitioner argues that Minkow’s fraudulent misrepresentation of the value of the receivables caused petitioner to buy ZZZZ Best stock. See Ky. Rev. Stat. Ann. sec. 501.060 (Michie 1990).5 5 Sec. 501.060, Ky. Rev. Stat. Ann. (Michie 1990), provides in part: Causal relationships. -- (1) Conduct is the cause of a result when it is an antecedent without which the result in question would not have occurred. (2) When intentionally causing a particular result is an element of an offense, the element is not established if the actual result is not within the intention or the contemplation of the actor unless: (a) The actual result differs from that intended or contemplated, as the case may be, only in the respect that a different person or different property is injured or affected or that the injury or harm intended or contemplated would have been more serious or more extensive; or (b) The actual result involves the same kind of injury or harm as that intended or contemplated and occurs in a manner which the actor knows or should know is rendered substantially more probable by his conduct.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011