§ 78D-6. Fraudulent conduct.
§78D‑6. Fraudulent conduct.
No person, shall directly orindirectly:
(1) Cheat or defraud, orattempt to cheat or defraud, any other person or employ any device, scheme orartifice to defraud any other person;
(2) Make any falsereport, enter any false record, or make any untrue statement of a material factor omit to state a material fact necessary in order to make the statementsmade, in the light of the circumstances under which they were made, notmisleading;
(3) Engage in anytransaction, act, practice or course of business, including, withoutlimitation, any form of advertising or solicitation, which operates or wouldoperate as a fraud or deceit upon any person; or
(4) Misappropriate orconvert the funds, security or property of any other person;
in or in connection with thepurchase or sale of, the offer to sell, the offer to purchase, the offer toenter into, or the entry into of, any commodity contract or commodity optionsubject to the provisions of G.S. 78D‑2, 78D‑3, 78D‑4(a)(2)or G.S. 78D‑4(a)(4) of this Chapter. (1989, c. 634, s. 1.)