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THE CRIME OF LYING. This doesn't mean it would be impossible to bring insider-trading charges against Skilling -- just that experts interviewed by BusinessWeek could not readily identify any other cases where somebody had been convicted of insider trading based on a similar pattern. "Prosecutors would rather see a whole lot of selling in a very short time following some very bad [undisclosed] news," says David N. Yellen, dean of Hofstra University School of Law and an expert on white-collar crime.
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