Jury Instruction - 4.4.2 Rule 10(b) - 5(b) Misrepresentations - Omissions Of Material Facts 2025

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Clause (b) of Rule 10b-5 makes it unlawful (if using interstate commerce, the mails, or any national securities exchange), in connection with the purchase or sale of any security, 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
Rule 10b-5(b) makes it unlawful to omit material facts in connection with buying or selling securities when that omission renders statements made, in the light of the circumstances under which they were made, misleading.
240.10b-5. A fact is material if there is a substantial likelihood that a reasonable shareholder would consider it important in making his investment decision. In determining materiality, the misstatement or omission is not viewed in a vacuum.
SEC Rule 10b-5, states that it is illegal for any person to defraud or deceive someone, including through the misrepresentation of material information, with respect to the sale or purchase of a security.
any manipulative or deceptive device or contrivance in contravention of such rules and regulations as the [SEC] may prescribe. Rule 10b-5(b) implements Section 10(b), making it unlawful for a person to make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the
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The full disclosure representation, based on Exchange Act Rule 10b-5, generally provides that the representations of the seller do not contain any untrue statements of material fact nor omit to state a material fact necessary to make the statements contained in the agreement not misleading to the buyer.
Federal Securities Laws Section 10(b) and SEC Rule 10b-5 prohibit fraud connected with the purchase or sale of a security. Fraud can occur in purchases made on a stock exchange, such as the New York Stock Exchange, a self-regulatory organization.

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