Jason Brooks v. Phil Weiser, Attorney General of Colorado, et al.
Whether "scienter" is an element of criminal securities fraud and whether its existence is a question of fact that must be proven beyond a reasonable doubt?
Whether a state's statutory scheme can impose severe criminal penalties for conduct less culpable than that for which recovery in a private civil action is not permitted under the same securities fraud statute?
Whether severe criminal punishments being imposed for strict liability securities fraud violations is constitutional?
Whether the term "willfully" provides notice of "an intent to defraud" and fair warning as to the elements that constituted the crime Petitioner was alleged to have committed?
Whether 'scienter' is an element of criminal securities fraud and whether its existence is a question of fact that must be proven beyond a reasonable doubt?