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The investigation has been set up to establish whether executives breached their fiduciary duties – the legal relationship of trust – by failing to prevent the transfer when knowledge of Lehman's liquidity problems were already in the public domain.
Fines in a criminal case aren't eligible, nor are civil cases involving wrongdoing other than insider trading–generally defined as the buying or selling of a security in breach of a fiduciary duty or relationship of trust while having material, nonpublic information about the security.
Here is how the S.E.C. defines insider trading on its Web site today: "Illegal insider trading refers generally to buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material, nonpublic information about the security".
Success factor relationship of trust.
Develop a relationship of trust and security.
BREACH OF TRUST: How Americans Failed Their Soldiers and Their Country, by Andrew J. Bacevich.
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Following this approach, Read (1962) argued that trusting individuals: (a) expect their interests to be protected and promoted by those they trust; (b) feel confident about disclosing negative personal information about themselves; (c) feel assured of full and frank information sharing; and (d) are prepared to overlook apparent breaches of trust relationship.
The rather negative attitude of the doctors appears to stigmatise alcohol-dependent patients, which might lead to breach of relationship and trust between doctor and patient.
Sexualizing the relationship is a clear breach of trust".
In January 2009 the family's lawyer, Bashir Ghazialam, filed court papers alleging "breach of trust, breach of fiduciary duty and fraud".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com