AveWatch has dug some pertinent nuggets out of the depositions that lead to the question of whether there was scienter in a certain representation made to the ABA regarding what the Board had or had not resolved to do regarding the Florida move. read it there and be prepared to discuss scienter here.
SCIENTER is a fun element of fraud. Scienter requires some level of intelligence, planning, and intent to cause another to act (or not act) because the deceit. For the INCENSE guys, there likely isn't any because they are still living in some other world (privately at least). But did the school have some? Or was it the case that a chimp worked the word processor to type the ABA comments? (they can do some pretty impressive things).
Some have suggested that this chimp has the password to INCENSE and is entering it.
