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SECRETARY OF STATE v. TRETIAK

No. 33665.

22 P.3d 1134 (2001)

SECRETARY OF STATE, Securities Division, an Agency of the State of Nevada, Appellant/Cross-Respondent, v. Robert TRETIAK, Retirement Financial Centers of America, Inc., and RFCA Financial Services, Inc., Respondents/Cross-Appellants.

Supreme Court of Nevada.

May 15, 2001.

Attorney(s) appearing for the Case

Frankie Sue Del Papa, Attorney General, and Tracey J. Brierly and Matthew S. Gabe, Deputy Attorneys General, Carson City, for Appellant/Cross-Respondent.

Christensen & Boggess, Las Vegas, for Respondents/Cross-Appellants.

Before the Court En Banc.

OPINION

PER CURIAM.

This case involves interpretation of the Nevada Uniform Securities Act and the elements necessary to prove securities fraud in state enforcement actions initiated under NRS 90.570(2) and (3). Respondents argue that reliance and scienter are required elements of securities fraud. According to respondents, if either element is missing, a claim of securities fraud must fail. In contrast, appellant, Nevada Secretary of State, Securities...

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