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  • Fraudulently Inducing Persons to Trade in Futures Contracts

    • MAM-3.9.4

      Without prejudice to section MAM-3.1 no person shall:

      (a) By making or publishing any statement, promise or forecast that he knows or ought reasonably to have known to be false, misleading or deceptive;
      (b) By any dishonest concealment of material facts;
      (c) By the reckless making or publishing of any statement, promise or forecast that is false, misleading or deceptive; or
      (d) By recording or storing in, or by means of hard copy or any mechanical, electronic or other device information that he knows to be false or misleading in a material particular;

      induce or attempt to induce another person to trade in a futures contract or engage in leveraged foreign exchange trading.

      November 2010

    • MAM-3.9.5

      In any proceedings against a person for a contravention of rule MAM-3.9.4, constituted by recording or storing information as mentioned in rule MAM-3.9.4 (d), it is a defence if it is established that, at the time when the defendant so recorded or stored the information, he had no reasonable grounds for expecting that the information would be available to another person.

      November 2010