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Pump and Dump: A Comprehensive Guide to Its Legal Definition and Risks
Definition & meaning
A pump and dump scheme is a type of fraud that involves artificially inflating the price of a stock through misleading positive statements. The goal is to sell the stock at a higher price after it has been artificially boosted, allowing the fraudsters to profit while leaving other investors with losses. This practice is illegal and can lead to significant penalties for those involved.
Table of content
Legal use & context
Pump and dump schemes are primarily addressed in securities law, which governs the trading of stocks and other financial instruments. Such schemes are considered a form of market manipulation and can lead to civil and criminal penalties. Individuals affected by these schemes may seek legal recourse through various channels, including filing complaints with regulatory bodies like the Securities and Exchange Commission (SEC). Users can utilize legal templates from US Legal Forms to create necessary documents, such as complaints or reports, related to these fraudulent activities.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A group of investors promotes a little-known stock by spreading false information about its potential for growth. Once the stock price rises due to increased interest, they sell their shares for a profit, leaving other investors with devalued stocks.
Example 2: A social media influencer endorses a cryptocurrency with exaggerated claims about its future value. After the price surges due to their promotion, they sell their holdings before the price crashes. (hypothetical example)
Relevant laws & statutes
The primary legal framework addressing pump and dump schemes includes:
The Securities Exchange Act of 1934, which regulates trading practices.
Rules set forth by the Securities and Exchange Commission (SEC) that prohibit market manipulation.
Comparison with related terms
Term
Definition
Key Differences
Pump and Dump
A scheme to inflate stock prices through misleading information.
Involves intentional deception for profit.
Insider Trading
Buying or selling stocks based on non-public information.
Involves private knowledge rather than public misinformation.
Churning
Excessive buying and selling of stocks to generate commissions.
Focuses on trading activity rather than stock price manipulation.
Common misunderstandings
What to do if this term applies to you
If you suspect you have been a victim of a pump and dump scheme, consider taking the following steps:
Document any misleading information you received.
Report the scheme to the SEC or your state's securities regulator.
Consult a legal professional to explore your options for recovering losses.
You can also check US Legal Forms for templates to assist in filing complaints or seeking restitution.
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