§ 1348. Securities and commodities fraud

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Sarbanes-Oxley Act of 2002

   Pub. L. 107–204 title VIII § 807(a) · 116 Stat. 745

   Enacted · 18 U.S.C. § 1348

   Added Pub. L. 107–204, title VIII, § 807(a), July 30, 2002, 116 Stat. 804

   Source evidence

   Code source credit
   Added Pub. L. 107–204, title VIII, § 807(a), July 30, 2002, 116 Stat. 804

   Enacted provision · exact public law section
   (a) In General.— Chapter 63 of title 18, United States Code, is amended by adding at the end the following: “§ 1348. Securities fraud “Whoever knowingly executes, or attempts to execute, a scheme or artifice— “(1) to defraud any person in connection with any security of an issuer with a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 781) or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(d)); or “(2) to obtain, by means of false or fraudulent pretenses, representations, or promises, any money or property in connection with the purchase or sale of any security of an issuer with a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 781) or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(d)); shall be fined under this title, or imprisoned not more than 25 years, or both.”.

2. 2009

   Fraud Enforcement and Recovery Act of 2009

   Pub. L. 111–21 § 2(e)(1)(A) · 123 Stat. 1617

   Inserted · 18 U.S.C. § 1348

   Pub. L. 111–21, § 2(e)(1)(A), inserted “and commodities” before “fraud” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 111–21, § 2(e)(1)(A), inserted “and commodities” before “fraud” in section catchline.

   Enacted provision · exact public law section
   (A) in the caption, by inserting “and commodities” after “Securities”;

3. 2009

   Fraud Enforcement and Recovery Act of 2009

   Pub. L. 111–21 § 2(e)(1)(B) · 123 Stat. 1617

   Inserted · 18 U.S.C. § 1348(1); 18 U.S.C. § 1348(2)

   Pub. L. 111–21, § 2(e)(1)(B), (C), inserted “any commodity for future delivery, or any option on a commodity for future delivery, or” before “any security”

   Source evidence

   Code amendment note
   Pars. (1), (2). Pub. L. 111–21, § 2(e)(1)(B), (C), inserted “any commodity for future delivery, or any option on a commodity for future delivery, or” before “any security”.

   Enacted provision · exact public law section
   (B) in paragraph (1), by inserting “any commodity for future delivery, or any option on a commodity for future delivery, or” after “any person in connection with”; and

3 of 3 references resolved to an enrolled provision