§ 6b.
(a)
Unlawful actions
It shall be unlawful—
(1)
for any person, in or in connection with any order to make, or the making of, any contract of sale of any commodity in interstate commerce or for future delivery that is made, or to be made, on or subject to the rules of a designated contract market, for or on behalf of any other person; or
(2)
for any person, in or in connection with any order to make, or the making of, any contract of sale of any commodity for future delivery, or swap, that is made, or to be made, for or on behalf of, or with, any other person, other than on or subject to the rules of a designated contract market—
(A)
to cheat or defraud or attempt to cheat or defraud the other person;
(B)
willfully to make or cause to be made to the other person any false report or statement or willfully to enter or cause to be entered for the other person any false record;
(C)
willfully to deceive or attempt to deceive the other person by any means whatsoever in regard to any order or contract or the disposition or execution of any order or contract, or in regard to any act of agency performed, with respect to any order or contract for or, in the case of paragraph (2), with the other person; or
(D)
(i)
to bucket an order if the order is either represented by the person as an order to be executed, or is required to be executed, on or subject to the rules of a designated contract market; or
(ii)
to fill an order by offset against the order or orders of any other person, or willfully and knowingly and without the prior consent of the other person to become the buyer in respect to any selling order of the other person, or become the seller in respect to any buying order of the other person, if the order is either represented by the person as an order to be executed, or is required to be executed, on or subject to the rules of a designated contract market unless the order is executed in accordance with the rules of the designated contract market.
(e)
Contracts of sale on group or index of securities
It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails, or of any facility of any registered entity, in or in connection with any order to make, or the making of, any contract of sale of any commodity for future delivery (or option on such a contract), or any swap, on a group or index of securities (or any interest therein or based on the value thereof)—
(1)
to employ any device, scheme, or artifice to defraud;
(2)
to make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or
(3)
to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.
([Sept. 21, 1922, ch. 369, § 4b], as added [June 15, 1936, ch. 545, § 5], [49 Stat. 1493]; amended [Pub. L. 90–258, § 5], Feb. 19, 1968, [82 Stat. 27]; [Pub. L. 93–463, title IV, § 405], Oct. 23, 1974, [88 Stat. 1413]; [Pub. L. 99–641, title I, § 101], Nov. 10, 1986, [100 Stat. 3557]; [Pub. L. 102–546, title IV, § 402(3)], Oct. 28, 1992, [106 Stat. 3624]; [Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(5)]], Dec. 21, 2000, [114 Stat. 2763], 2763A–407; [Pub. L. 110–234, title XIII, § 13102], May 22, 2008, [122 Stat. 1432]; [Pub. L. 110–246, § 4(a)], title XIII, § 13102, June 18, 2008, [122 Stat. 1664], 2194; [Pub. L. 111–203, title VII, § 741(b)(1)],