15 USC 77q - Fraudulent interstate transactions

U.S Code last checked for updates: Nov 22, 2024

§ 77q.

Fraudulent interstate transactions

(a)

Use of interstate commerce for purpose of fraud or deceit

It shall be unlawful for any person in the offer or sale of any securities (including security-based swaps) or any security-based swap agreement (as defined in section 78c(a)(78) 1

 See References in Text note below.

of this title) by the use of any means or instruments of transportation or communication in interstate commerce or by use of the mails, directly or indirectly—

(1)

to employ any device, scheme, or artifice to defraud, or

(2)

to obtain money or property by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; or

(3)

to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser.

(b)

Use of interstate commerce for purpose of offering for sale

(c)

Exemptions of section 77c not applicable to this section

(d)

Authority with respect to security-based swap agreements

(May 27, 1933, ch. 38, title I, § 17, 48 Stat. 84; Aug. 10, 1954, ch. 667, title I, § 10, 68 Stat. 686; Pub. L. 106–554, § 1(a)(5) [title III, § 302(b), (c)], Dec. 21, 2000, 114 Stat. 2763, 2763A–452; Pub. L. 111–203, title VII, § 762(c)(2), July 21, 2010, 124 Stat. 1759.)

cite as: 15 USC 77q