44-1991. Fraud in purchase or sale of
securities
A. It is a fraudulent practice and unlawful for a person, in connection with a
transaction or transactions within or from this state involving an offer to sell or buy
securities, or a sale or purchase of securities, including securities exempted under
section 44-1843 or 44-1843.01 and including transactions exempted under section 44-1844,
44-1845 or 44-1850, directly or indirectly to do any of the following:
1. Employ any device, scheme or artifice to defraud.
2. Make any untrue statement of material fact, or omit to state any material fact
necessary in order to make the statements made, in the light of the circumstances under
which they were made, not misleading.
3. Engage in any transaction, practice or course of business which operates or
would operate as a fraud or deceit.
B. In a private action brought pursuant to subsection A, paragraph 2 of this
section or section 44-1992, if the person who offered or sold the security proves that
any portion or all of the amount recoverable under subsection A, paragraph 2 of this
section or section 44-1992 represents an amount other than the depreciation in value of
the subject security resulting from the part of the prospectus or oral communication,
with respect to which the liability of the person is asserted, not being true or omitting
to state a material fact required to be stated or necessary to make the statement not
misleading, then the amount shall not be recoverable. This subsection does not apply to
any actions based on allegations of activities constituting dishonest or unethical
practices in the securities industry.
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