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"That The New York Times would find the secretary's misstatement and the subsequent effort to set the record straight is of interest is a shameless example of news that is sought during the dog days of August in Washington," another Pentagon spokesman, Eric Ruff, said.
For fraud, the misstatement and the intent to defraud must be present at the same time, so that a subsequent decision to intentionally violate an agreement by supplying a shoddy product does not establish that a misstatement took place with the requisite intent at the time the contract was signed.
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"We had the problem of so-called misstatements and the jokes on late-night television," Mr. Deaver said.
Mr. McCain's advisers continue to look for ways to bring more discipline to his message, and are being urged by some supporters to cut back the frequency of his question-and-answer sessions with reporters, a staple of his campaign but one that occasionally yields unscripted moments, misstatements and off-the-cuff pronouncements that divert attention from the themes he is trying to promote.
After various gaffes, misstatements and squabbles, the Democrats appear to be failing to wow voters or gain traction on any particular issue, even though they have started their advertising campaigns, so far spending a combined total of less than $4 million on advertisements.
Put simply, if people know that they can be held liable for even inadvertent misstatements, and that the judges and juries who will rule on whether their statements were accurate may themselves be hostile to their views, they will be afraid to say anything that might conceivably be deemed inaccurate.
In 1995, Congress passed a law that restricted the ability of investors to sue companies, securities firms and accounting firms for misstatements and pie-in-the-sky projections.
The Clinton campaign played down the episode as a "misstatement" and a "minor blip".
Then he said that the comments were a "misstatement" and that he had "misspoke".
In many cases, the strategies rest on misstatement and misrepresentation.
The judge also directed that the settlement agreement be reworded to make clear that the $75 million would be used to compensate shareholders who had suffered losses because of Citigroup's misstatements, and she told the S.E.C. and the bank to return in two weeks with new language that did that.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com