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Bob is employed by a software manufacturer to provide training for the company's sales force.
Bob is employed by a software manufacturer to provide training for the company's sales force. The executives tell him that the software cannot, in fact, do the things that they are telling the salespeople it can do. They tell Bob not to be concerned with this, because the executives are the ones responsible for the misstatement, not Bob. Bob goes ahead and tells the sales force the misstatements that he has been told to tell them. In doing so, he employs an internet class, and mails materials to the sales staff in various states. When customers find out that the software cannot perform as advertised, the salespeople claim that they were only stating what Bob told them the software could do. Has Bob committed any crime? Is it a defense for Bob that he is not the author of the misstatements, but is just passing on what he was told by the executives?