Securities Lawyer's Deskbook
                         published by The University of Cincinnati College of Law
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The

Sarbanes-Oxley Act of 2002





Section 807 -- Criminal Penalties for Defrauding Shareholders of Publicly Traded Companies


  1. In General. Chapter 63 of title 18, United States Code, is amended by adding at the end the following:

    "Sec. 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. 78l) 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. 78l) 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. Clerical Amendment. The table of sections at the beginning of chapter 63 of title 18, United States Code, is amended by adding at the end the following new item:

    "1348. Securities fraud.".





Legislative History


July 30, 2002, 107 P.L. 204, Title VIII, § 807, 116 Stat. 745.

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