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Re: Lenny Penny post# 437

Friday, 01/26/2007 10:41:17 PM

Friday, January 26, 2007 10:41:17 PM

Post# of 490
Section 17 -- Fraudulent Interstate Transactions
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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 or any security-based swap agreement (as defined in section 206B of the Gramm-Leach-Bliley Act [15 USCS § 78c note]) by the use of any means or instruments of transportation or communication in interstate commerce or by use of the mails, directly or indirectly--


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


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


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