Utah Code

Utah Code § 61-1-1 (2026)

Fraud unlawful

✓ current as of May 2026
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It is unlawful for any person, in connection with the offer, sale, or purchase of any security, directly or indirectly to:

employ any device, scheme, or artifice to defraud;
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 are made, not misleading; or
engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.
Notes of Decisions
Cited in 65 cases (13 in the last 5 years), 1968–2026 · leading case: State v. Larsen, 865 P.2d 1355 (Utah 1993).
State v. Larsen, 865 P.2d 1355 (Utah 1993). · cites it 44× “See Utah Code Ann. §§ 61-1-1 (2), -21. Larsen also complains that the trial court erroneously allowed a State expert to testify as to the “materiality” of information that Larsen allegedly had failed to disclose to investors.”
Gohler v. Wood, 919 P.2d 561 (Utah 1996). · cites it 71× “] Utah Code Ann. § 61-1-1 (2). Section 61-1-22(1) imposes civil liability upon those who violate section 61-1-1(2), while section 61-1-22(3) provides a defense to liability under certain circumstances.”
Fibro Trust, Inc. v. Brahman Fin., Inc., 1999 UT 13 (Utah 1999). · cites it 75× “Utah Code Ann. § 61-1-1 (1997). In State v.”
State v. Johnson, 2009 UT App 382 (Utah Ct. App. 2009). · cites it 37× “Johnson appeals his criminal conviction for securities fraud, a violation of the Utah Uniform Securities Act (the Securities Act), see Utah Code Ann. §§ 61-1-1 to - 30 (2006 & Supp.”
State v. Harry, 873 P.2d 1149 (Utah Ct. App. 1994). · cites it 37× “Harry appeals from a jury verdict finding him guilty of four counts of securities fraud in violation of Utah Code Ann. §§ 61-1-1 & -21 (1989). We affirm.”
State v. Wallace, 2005 UT App 434 (Utah Ct. App. 2005). · cites it 8× “See Utah Code Ann. §§ 61-1-1 to -30 (2000 & Supp.”
State v. Bushman, 2010 UT App 120 (Utah Ct. App. 2010). · cites it 8× “[1] OPINION THORNE, Judge: ¶ 1 Harold Earl Bushman appeals from his convictions on one count of securities fraud, a third degree felony, see Utah Code Ann. §§ 61-1-1 ,-21 (2006 & Supp.”
State v. Chapman, 2014 UT App 255 (Utah Ct. App. 2014). · cites it 16× “Utah Code Ann. § 61-1-1 (LexisNexis 2011).”
State v. Taylor, 2015 UT 42 (Utah 2015). · cites it 14× “3 ANALYSIS ¶ 11 The district court concluded that seeu-rities fraud, in violation of Utah Code section 61-1-1, and theft, in violation of Utah Code section 76-6-404, are continuing offenses.”
State v. Moore, 802 P.2d 732 (Utah Ct. App. 1990). · cites it 8× “Moore appeals his conviction of eight counts of securities fraud, in violation of Utah Code Ann. § 61-1-1 (2) (1989). We affirm.”
Skull Valley Band of Goshute Indians v. Chivers (In Re Chivers), 275 B.R. 606 (Bankr. D. Utah 2002). · cites it 4× “Utah Code Ann. § 61-1-1 . 5 . The Band attached the complaint in the District Court Action to their complaint in this action.”
State v. Schwenke, 2009 UT App 345 (Utah Ct. App. 2009). · cites it 7× “5 €15 Additionally, there was evidence presented that would support the determination that Schwenke made untrue statements of material fact in relation to the transaction; and one statement is alone sufficient to satisfy the elements of the statute, see Utah Code Ann. § 61-1-1…”
— Utah Code § 61-1-1(1) — 5 cases
Fibro Trust, Inc. v. Brahman Fin., Inc., 1999 UT 13 (Utah 1999). “Utah Code Ann. § 61-1-1 (1997). In State v.”
State v. Larsen, 865 P.2d 1355 (Utah 1993). “See Utah Code Ann. §§ 61-1-1 (2), -21. Larsen also complains that the trial court erroneously allowed a State expert to testify as to the “materiality” of information that Larsen allegedly had failed to disclose to investors.”
Green v. Turner, 2000 UT 54 (Utah 2000).
State v. Larsen, 828 P.2d 487 (Utah Ct. App. 1992).
State v. Taylor, 2015 UT 42 (Utah 2015). “3 ANALYSIS ¶ 11 The district court concluded that seeu-rities fraud, in violation of Utah Code section 61-1-1, and theft, in violation of Utah Code section 76-6-404, are continuing offenses.”
— Utah Code § 61-1-1(2) — 12 cases
Gohler v. Wood, 919 P.2d 561 (Utah 1996). “] Utah Code Ann. § 61-1-1 (2). Section 61-1-22(1) imposes civil liability upon those who violate section 61-1-1(2), while section 61-1-22(3) provides a defense to liability under certain circumstances.”
State v. Larsen, 865 P.2d 1355 (Utah 1993). “See Utah Code Ann. §§ 61-1-1 (2), -21. Larsen also complains that the trial court erroneously allowed a State expert to testify as to the “materiality” of information that Larsen allegedly had failed to disclose to investors.”
Fibro Trust, Inc. v. Brahman Fin., Inc., 1999 UT 13 (Utah 1999). “Utah Code Ann. § 61-1-1 (1997). In State v.”
State v. Johnson, 2009 UT App 382 (Utah Ct. App. 2009). “Johnson appeals his criminal conviction for securities fraud, a violation of the Utah Uniform Securities Act (the Securities Act), see Utah Code Ann. §§ 61-1-1 to - 30 (2006 & Supp.”
State v. Wallace, 2005 UT App 434 (Utah Ct. App. 2005). “See Utah Code Ann. §§ 61-1-1 to -30 (2000 & Supp.”
— Utah Code § 61-1-1(3) — 1 case
Fibro Trust, Inc. v. Brahman Fin., Inc., 1999 UT 13 (Utah 1999). “Utah Code Ann. § 61-1-1 (1997). In State v.”
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