Fraudulent conduct.

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(1) No person shall, directly or indirectly, in or in connection with the purchase or sale of, the offer to sell, the offer to purchase, the offer to enter into, or the entry into of any commodity contract or commodity option prohibited by section 1153-103 or made pursuant to section 11-53-104 or 11-53-105 (1)(b) or (1)(d):

  1. Cheat or defraud, or attempt to cheat or defraud, any other person or employ anydevice, scheme, or artifice to defraud any other person;

  2. Make any false report, enter any false record, or make any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in the light of the circumstances under which they were made, not misleading;

  3. Engage in any transaction, act, practice, or course of business, including, withoutlimitation, any form of advertising or solicitation, which operates or would operate as a fraud or deceit upon any person; or

  4. Misappropriate or convert the funds, security, or property of any other person.

Source: L. 89: Entire article R&RE, p. 636, § 1, effective July 1.


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