Whether 'scienter' is an element of criminal securities fraud and whether its existence is a question of fact that must be proven beyond a reasonable doubt?

QUESTIONS PRESENTED Whether “scienter” is an element of criminal securities fraud and whether its existence is a question of fact that must be proven beyond a reasonable doubt? , Whether a state’s statutory scheme can impose severe criminal penalties for conduct less culpable than that for which recovery in a private civil action is not permitted under the same securities fraud statute? Whether severe criminal punishments being imposed for strict liability securities fraud violations is constitutional? Whether the term “willfully” provides notice of “an intent to defraud” and fair warning as to the elements that constituted the crime Petitioner was alleged to have committed? PARTIES The petitioner is Jason Brooks, a prisoner at Sterling Correctional Facility in Sterling, Colorado. The respondents are Rick Raemisch, Executive Director of the Colorado Department of Corrections, and Lou Archuleta, Warden of the Fremont Correctional Facility.