US-CA11 · jury_instructions
11th Cir. Pattern Jury Instr. (Civil) 6.3.2
Securities Exchange Act – 15 USC § 10(b) – Rule 10b-5(a) –
17 C.F.R. §§ 240.10b-5 – Insider Trading – SEC Version
The Securities and Exchange Commission, also known as the SEC, asserts a
claim under the Securities Exchange Act of 1934.
The Securities Exchange Act is a federal statute that allows the SEC to enact
rules and regulations prohibiting certain conduct in the purchase or sale of
securities. Exchange Act § 10(b) and Rule 10b- 5(a) make it unlawful for a person
to employ any device, scheme, or artifice to defraud someone else in connection
with the purchase or sale of any security.
A “security” is an investment in a commercial, financial, or other business
enterprise with the expectation that profits or other gain will be produced by
others. Some common types of securities are [stocks,] [bonds,] [debentures,]
[warrants,] [and] [investment contracts]. The [describe type of security] in this case
is a security.]
In this case, the SEC claims that [name of defendant] committed fraud by
engaging in “insider trading.” A person engages in insider trading when he/she
purchases or sells a security on the basis of material, nonpublic information in
breach of a duty of trust or confidence owed directly, indirectly, or derivatively to
the corporation that issued the security, to the corporation’s shareholders, or to the
information’s source.
2
5.13
Provenance
- Source
- ca11.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- civil-2025-12
- Content hash
440899e66b01c2d4f9ed35ecc0d616bff9109bab72f219d648dabb4852ba8b2e
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