Since they relied on the Federal Criminal Code--charging crimes--in making their case, it is appropriate that they be held to the burden of proof of beyond a reasonable doubt--the standard used in criminal cases.

CNN: Sen. Sarbanes' closed-door impeachment statement

Defense lawyer Luciano Ghirga reminded the jury repeatedly Monday morning that the prosecution needed to prove its case "beyond a reasonable doubt" -- a standard he made a point of saying was rooted in Italian law and was not imported from America, in a nod to the nationalistic tensions that have sometimes seemed to underpin this case.

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Whether criminal charges ultimately emerge is usually a function of intent to defraud and whether the charges can be proven to the far higher criminal standard of beyond a reasonable doubt.

WSJ: COMMON SENSE: Buffett May Know More About Derivatives Than Securities Law