US Code
CHAPTER 1— COMMODITY EXCHANGES
§ 6b. Contracts designed to defraud or mislead

(a) Unlawful actionsIt shall be unlawful—(1) for any person, in or in connection with any order to make, or the making of, any contract of sale of any commodity in interstate commerce or for future delivery that is made, or to be made, on or subject to the rules of a designated contract market, for or on behalf of any other person; or
(2) for any person, in or in connection with any order to make, or the making of, any contract of sale of any commodity for future delivery, or swap, that is made, or to be made, for or on behalf of, or with, any other person, other than on or subject to the rules of a designated contract market—(A) to cheat or defraud or attempt to cheat or defraud the other person;
(B) willfully to make or cause to be made to the other person any false report or statement or willfully to enter or cause to be entered for the other person any false record;
(C) willfully to deceive or attempt to deceive the other person by any means whatsoever in regard to any order or contract or the disposition or execution of any order or contract, or in regard to any act of agency performed, with respect to any order or contract for or, in the case of paragraph (2), with the other person; or
(D)(i) to bucket an order if the order is either represented by the person as an order to be executed, or is required to be executed, on or subject to the rules of a designated contract market; or
(ii) to fill an order by offset against the order or orders of any other person, or willfully and knowingly and without the prior consent of the other person to become the buyer in respect to any selling order of the other person, or become the seller in respect to any buying order of the other person, if the order is either represented by the person as an order to be executed, or is required to be executed, on or subject to the rules of a designated contract market unless the order is executed in accordance with the rules of the designated contract market.
(b) ClarificationSubsection (a)(2) of this section shall not obligate any person, in or in connection with a transaction in a contract of sale of a commodity for future delivery, or swap, with another person, to disclose to the other person nonpublic information that may be material to the market price, rate, or level of the commodity or transaction, except as necessary to make any statement made to the other person in or in connection with the transaction not misleading in any material respect.
(c) Buying and selling orders for commodityNothing in this section or in any other section of this chapter shall be construed to prevent a futures commission merchant or floor broker who shall have in hand, simultaneously, buying and selling orders at the market for different principals for a like quantity of a commodity for future delivery in the same month executing such buying and selling orders at the market price: Provided, That any such execution shall take place on the floor of the exchange where such orders are to be executed at public outcry across the ring and shall be duly reported, recorded, and cleared in the same manner as other orders executed on such exchange: And provided further, That such transactions shall be made in accordance with such rules and regulations as the Commission may promulgate regarding the manner of the execution of such transactions.
(d) Inapplicability to transactions on foreign exchangesNothing in this section shall apply to any activity that occurs on a board of trade, exchange, or market, or clearinghouse for such board of trade, exchange, or market, located outside the United States, or territories or possessions of the United States, involving any contract of sale of a commodity for future delivery that is made, or to be made, on or subject to the rules of such board of trade, exchange, or market.
(e) Contracts of sale on group or index of securitiesIt shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails, or of any facility of any registered entity, in or in connection with any order to make, or the making of, any contract of sale of any commodity for future delivery (or option on such a contract), or any swap, on a group or index of securities (or any interest therein or based on the value thereof)—(1) to employ any device, scheme, or artifice to defraud;
(2) 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 light of the circumstances under which they were made, not misleading; or
(3) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.

Structure US Code

US Code

Title 7— AGRICULTURE

CHAPTER 1— COMMODITY EXCHANGES

§ 1. Short title

§ 1a. Definitions

§ 1b. Requirements of Secretary of the Treasury regarding exemption of foreign exchange swaps and foreign exchange forwards from definition of the term “swap”

§ 2. Jurisdiction of Commission; liability of principal for act of agent; Commodity Futures Trading Commission; transaction in interstate commerce

§§ 2a to 4a. Transferred

§ 5. Findings and purpose

§ 6. Regulation of futures trading and foreign transactions

§ 6a. Excessive speculation

§ 6b. Contracts designed to defraud or mislead

§ 6b–1. Enforcement authority

§ 6c. Prohibited transactions

§ 6d. Dealing by unregistered futures commission merchants or introducing brokers prohibited; duties in handling customer receipts; conflict-of-interest systems and procedures; Chief Compliance Officer; rules to avoid duplicative regulations; swap requirements; portfolio margining accounts

§ 6e. Dealings by unregistered floor trader or broker prohibited

§ 6f. Registration and financial requirements; risk assessment

§ 6g. Reporting and recordkeeping

§ 6h. False self-representation as registered entity member prohibited

§ 6i. Reports of deals equal to or in excess of trading limits; books and records; cash and controlled transactions

§ 6j. Restrictions on dual trading in security futures products on designated contract markets and registered derivatives transaction execution facilities

§ 6k. Registration of associates of futures commission merchants, commodity pool operators, and commodity trading advisors; required disclosure of disqualifications; exemptions for associated persons

§ 6l. Commodity trading advisors and commodity pool operators; Congressional finding

§ 6m. Use of mails or other means or instrumentalities of interstate commerce by commodity trading advisors and commodity pool operators; relation to other law

§ 6n. Registration of commodity trading advisors and commodity pool operators; application; expiration and renewal; record keeping and reports; disclosure; statements of account

§ 6o. Fraud and misrepresentation by commodity trading advisors, commodity pool operators, and associated persons

§ 6o–1. Transferred

§ 6p. Standards and examinations

§ 6q. Special procedures to encourage and facilitate bona fide hedging by agricultural producers

§ 6r. Reporting and recordkeeping for uncleared swaps

§ 6s. Registration and regulation of swap dealers and major swap participants

§ 6t. Large swap trader reporting

§ 7. Designation of boards of trade as contract markets

§ 7a. Repealed. , ,

§ 7a–1. Derivatives clearing organizations

§ 7a–2. Common provisions applicable to registered entities

§ 7a–3. Repealed. , ,

§ 7b. Suspension or revocation of designation as registered entity

§ 7b–1. Designation of securities exchanges and associations as contract markets

§ 7b–2. Privacy

§ 7b–3. Swap execution facilities

§ 8. Application for designation as contract market or derivatives transaction execution facility; time; suspension or revocation of designation; hearing; review by court of appeals

§ 9. Prohibition regarding manipulation and false information

§ 9a. Assessment of money penalties

§ 9b. Rules prohibiting deceptive and other abusive telemarketing acts or practices

§ 9c. Notice of investigations and enforcement actions

§ 10. Repealed. , , eff.

§ 10a. Cooperative associations and corporations, exclusion from board of trade; rules of board inapplicable to payment of compensation by association

§ 11. Vacation on request of designation or registration as “registered entity”; redesignation or reregistration

§ 12. Public disclosure

§§ 12–1 to 12–3. Omitted

§ 12a. Registration of commodity dealers and associated persons; regulation of registered entities

§ 12b. Trading ban violations; prohibition

§ 12c. Disciplinary actions

§ 12d. Commission action for noncompliance with export sales reporting requirements

§ 12e. Repealed. , , , 2763A–410

§ 13. Violations generally; punishment; costs of prosecution

§ 13–1. Violations, prohibition against dealings in motion picture box office receipts or onion futures; punishment

§ 13a. Nonenforcement of rules of government or other violations; cease and desist orders; fines and penalties; imprisonment; misdemeanor; separate offenses

§ 13a–1. Enjoining or restraining violations

§ 13a–2. Jurisdiction of States

§ 13b. Manipulations or other violations; cease and desist orders against persons other than registered entities; punishment

§ 13c. Responsibility as principal; minor violations

§ 14. Repealed. , ,

§ 15. Omitted

§ 15a. Repealed. , ,

§ 15b. Cotton futures contracts

§ 16. Commission operations

§ 16a. Service fees and National Futures Association study

§ 17. Separability

§ 17a. Separability of 1936 amendment

§ 17b. Separability of 1968 amendment

§ 18. Complaints against registered persons

§ 19. Consideration of costs and benefits and antitrust laws

§ 20. Market reports

§ 21. Registered futures associations

§ 22. Research and information programs; reports to Congress

§ 23. Standardized contracts for certain commodities

§ 24. Customer property with respect to commodity broker debtors; definitions

§ 24a. Swap data repositories

§ 25. Private rights of action

§ 26. Commodity whistleblower incentives and protection

§ 27. Definitions

§ 27a. Exclusion of identified banking product

§ 27b. Repealed. , ,

§ 27c. Exclusion of certain other identified banking products

§ 27d. Administration of the predominance test

§ 27e. Repealed. , ,

§ 27f. Contract enforcement