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Charter gave no indication to the investing public that the deals had occurred because Charter simply lumped in the $17 million with Charter's quarterly totals. In the lawsuit brought by Charter's investors, Scientific-Atlanta and Motorola prevailed in the lower courts. The government took no action against anyone from the two firms regarding the deals with Charter. Motorola and Scientific-Atlanta argue in papers before the Supreme Court that they should not be held liable in a lawsuit for engaging in conduct that the 8th U.S. Circuit Court of Appeals said at most amounted to an investors' claim of aiding and abetting fraud by Charter's executives. The Supreme Court barred aiding and abetting claims for securities fraud 13 years ago. Lawyers for Charter's investors argued to the Supreme Court that the two suppliers took an active part in the fraud, creating a phony paper trail to conceal the "sham" nature of what they were doing.
[Associated Press; by Pete Yost]
Copyright 2007 The Associated Press. All rights reserved. This
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