US-CA11 · jury_instructions
11th Cir. Pattern Jury Instr. (Civil) 6.9
Section 17(a)(2) of the Securities Act of 1933 – 15 U.S.C. § 77q(a)(2)–
Misrepresentation or Omission in the Offer or Sale
of a Security – SEC Version
The Securities and Exchange Commission, also known as the SEC, asserts a
claim under the Securities Act of 1933.
The Securities Act is a federal statute prohibiting certain conduct in the offer
or sale of securities. Section 17 (a)(2) [, like Section 10 (b) and Rule 10b-5,] makes
it unlawful for a person to obtain money or property using any untrue statement of
a material fact or by omitting any material fact necessary to make statements, in
light of the circumstances under which they were made, not misleading in
connection with the offer to sell or sale of a 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.]
To prove a claim under Securities Act § 17 (a)(2), the SEC must prove each
of the following facts by a preponderance of the evidence:
First, you must find that [name of defendant] used an instrumentality of
interstate commerce in connection with the offer to sell or sale of a security.
2
5.13
Provenance
- Source
- ca11.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- civil-2025-12
- Content hash
cfbc74672f22d8c5f7a1dffeea99c41c319c046e572e4b435ea5a9ca00d58c1a
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