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Fraud, if proven, can and frequently will "pierce the corporate veil". That means the one committing it is subject to personal liability. In fact, in any organization and under most laws of any type, Fraud will expose the perpertrator to the greatest degree of exposure and remove most protections. That does not mean that the liabilty automatically attaches, and certainly in no way by the "application of a creditor"...only trying to guess what your getting at there. In fact, be aware that accusing others of Fraud, especially if not proven correct, could expose you to liability yourself. Also, it is really the company that is normally defrauded, and it normally is the one needing to take action. (Your specifying stock fraud, which would normally mean the SEC has proved something like insider trading, while it may be shown the perpetrator gained, proving your loss may be difficult.) Shareholders may be able to file, generally as a class action, but it gets much more complicated. And paying because a shareholder demands payment or he says he will cause problems with claiming fraud, well that can be blackmail and the Board better not do it. First, fraud must be proven...and finding an entire Board conspired to commit fraud (especially trading fraud) is highly unlikely at best...then the agrieved party must be able to take an action to determine how much the courts agree is owed, and that the company shouldn't pay but is the responsibility of the fraudulant party. Win that and then recover the judgement. If he has it. Just look at Enron, the one or two guys that were actually charged and began to look at having to pay back ill-gotten gains (in this case also to the Corp, for benefit of the Shareholders, who is really the one defrauded), were still fighting the accusations...and at least one, by dieing during appeals, made it so the recovery efforts were stopped.

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18y ago

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