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Sources with knowledge of the investigation said in cases such as this, ASIC can face problems because of a lack of documentation outlining a person's intention or witnesses can give accounts contrary to the line that the regulator is pursuing. That means ASIC would run the risk of a criminal trial, requiring a higher burden of proof, that relied on circumstantial evidence and in the face of contrasting witness accounts, sources said. ASIC has taken criminal action elsewhere for market rigging. Last month, it said Henry Eng Chye Heng, ASX-listed Eneco Refresh's former chairman, had pleaded guilty to creating a…
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