MTS International, Inc. - Page 12

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            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.                              





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