What are the elements of an aiding and abetting claim?
The following excerpt is from Irving H. Picard, Tr. for the Liquidation of Bernard L. Madoff Inv. Sec. LLC v. Ceretti (In re Bernard L. Madoff Inv. Sec. LLC), Adv. Proc. No. 08-01789 (SMB), Adv. Proc. No. 09-01161 (SMB), Case No. 08-99000 (SMB) (Bankr. S.D.N.Y. 2015):
8. The elements of an aiding and abetting claim are (1) a violation by the primary wrongdoer, (2) the defendant's actual knowledge of the primary violation and (3) the defendant's substantial assistance to the commission of the primary violation. See Rosner v. Bank of China, 349 F. App'x 637, 639 (2d. Cir. 2009).
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