délit boursier

English translation: stock market offence

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:délit boursier
English translation:stock market offence
Entered by: Ellen Kraus

09:26 Jul 13, 2013
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: délit boursier
In this sentence:

"D'autre part, les infractions prétendument commises par X. aux Etats-Unis, relatées dans la plainte déposée par la United States Securities and Exchange Commission (ci-après: SEC) au-près de la US District Court Central District of California, ne représenteraient en droit suisse que des délits boursiers, infractions de type délictuel et non criminel, comme exigé au contraire par l'art. 305bis CP".

The case is about money laundering.
Aleksandra Karpiuk, AITI
United Kingdom
Local time: 01:56
stock market offence / crime
Explanation:
je dirais

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Note added at 35 Min. (2013-07-13 10:01:40 GMT)
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no, crime is not appropriate in this context according to the last sentence of your text. offence is the word you Need in this case.
PDF]
Commission's Report on New Stock Exchange Offences and Market ...



www.nkf.ch/.../CapLaw_03_09_Commission-s-Rep...
contained in the Penal Code, but instead form part of the Stock Exchange Act. The ... tion should qualify as preceding offence (Vortat) of a money laundering
Selected response from:

Ellen Kraus
Austria
Local time: 02:56
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2stock market offence / crime
Ellen Kraus
4 +1stockmarket contravention
Yvonne Gallagher
3 +1stock exchange offence
writeaway
4stock market trading violations
Tim Webb
4securities law violation
rkillings


  

Answers


31 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
stock market offence / crime


Explanation:
je dirais

--------------------------------------------------
Note added at 35 Min. (2013-07-13 10:01:40 GMT)
--------------------------------------------------

no, crime is not appropriate in this context according to the last sentence of your text. offence is the word you Need in this case.
PDF]
Commission's Report on New Stock Exchange Offences and Market ...



www.nkf.ch/.../CapLaw_03_09_Commission-s-Rep...
contained in the Penal Code, but instead form part of the Stock Exchange Act. The ... tion should qualify as preceding offence (Vortat) of a money laundering

Ellen Kraus
Austria
Local time: 02:56
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 126
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Nikki Scott-Despaigne: Although this is US and CH, this FR document, an official-looking AMF document supports the use of the term "offence" rather than "crime" here :http://www.amf-france.org/documents/general/9703_1.pdf
12 mins
  -> thank you, Nikki Scott-Despaigne ! when posting my additional commentk I pointed out that crime is not appropriate in this context.

agree  Emiliano Pantoja
62 days
  -> thank you, Emiliano !
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52 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
stockmarket contravention


Explanation:
I wouldn't use "crime" here as it is clear these are "INFRACTIONS" rather than crimes. In fact you could use

"...STOCKMARKET INFRACTIONS OF A CONTRAVENING RATHER THAN CRIMINAL TYPE" (so not repeating "INFRACTIONS" at all)

http://www.hellenicshippingnews.com/News.aspx?ElementId=83e5...

--------------------------------------------------
Note added at 54 mins (2013-07-13 10:20:48 GMT)
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see "contravention/contravening" used here:

http://web.tmxmoney.com/article.php?newsid=41052600&qm_symbo...

"...Company had contravened certain Exchange policies including but not limited to: the exercise of stock options without receipt of proper consideration; the issuance of private placement shares in lieu of debt; the issuance of shares without Exchange approval and the issuance of promotional and/or premature disclosure. At the time of the prior review the Company acknowledged the above contraventions, confirmed that such contraventions would not continue and implemented corporate governance policies and procedures designed to ensure the Exchange that such contraventions would not be repeated. As will be discussed below, the Exchange's review of the Company's affairs commenced in March of 2009 identified contraventions of Exchange requirements which are similar and/or identical to those identified under the prior review. In this regard the Company did not fulfill representations made to the Exchange under the prior review, in particular that the Ethics, Governance and Compliance Committee would provide oversight regarding the Company's compliance with Exchange policies and applicable securities laws.

Yvonne Gallagher
Ireland
Local time: 01:56
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 102

Peer comments on this answer (and responses from the answerer)
neutral  Nikki Scott-Despaigne: I agree that "crime" is not ok here. In EN, "to contravene" = failure to respect rules + regs, terms + cond. etc. The FR original uses the term "délit" which clearly places the act in the criminal/penal realm, "offence" rather than "crime" in UK English.
34 mins
  -> it says: "infractions de type délictuel et non criminel" so I don't like "offence". I'd keep "infraction/contravening" myself as I suggested 2nd line above

agree  philgoddard: I feel "offence" has criminal connotations too, so this is better.
5 hrs
  -> Thanks Phil!
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
stock exchange offence


Explanation:
just another suggestion.

FINMA - Enforcement / Market Supervision
www.finma.ch/e/finma/taetigkeiten/gb-maerkte/.../pages/defa...
... and persons that come under its authority than those set out in the definition of a stock exchange offence in Articles 161 and 161b of the Swiss Penal Code.

ML/TF Vulnerabilities of Legal Professionals pdf, 1285kb - FATF
www.fatf-gafi.org/.../ML and TF vulnerabilities legal ...
the Council of Europe, Switzerland, the United States and the World Bank. ...... of this company had laundered money from this stock exchange offence.



writeaway
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 617

Peer comments on this answer (and responses from the answerer)
agree  Yolanda Broad
7 hrs
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1 day 21 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
stock market trading violations


Explanation:
As stock markets tend to be internally regulated. Breaking their rules would be a violation, not an offence. Under Swiss law, however, such violations are considered by the State as misdemeanors, not felonies.
BTW, Offence is a neutral term in English. It is qualified by adding "summary" or "indictable". But the US equivalents are more appropriate here.


    Reference: http://www.tradersaccounting.com/industry-news-detail.php?ca...
Tim Webb
France
Local time: 02:56
Specializes in field
Native speaker of: English
PRO pts in category: 67
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2 days 7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
securities law violation


Explanation:
Come on, people, this is not about stock exchange rules, it's about droit boursier, which in English is called "securities law" (as francophone lawyers who practice it know: http://www.mazars.com/Home/News/Latest-News3/ADB-Securities-...

The alleged infractions are violations of US (federal) securities laws. (That the SEC has brought an action in district court does not tell you whether the charges are felonies or lesser violations.) The source text says that under Swiss law they would merely be subject to civil as opposed to criminal penalties. The cited reference is to the money-laundering section of Swiss *Criminal* Code: http://www.admin.ch/ch/e/rs/311_0/a305bis.html

rkillings
United States
Local time: 17:56
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 85
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