in the purchase or sale of securities whether conducted in the organized markets or face to face.” Id. at 1903-04. However, the only way for a plaintiff to prevail against a defendant that does not make a false and misleading statement is to identify another of its actions, such as a “deceptive device or fraud,” that triggers liability under one of 10b-5’s other two prongs. Id. at 1906. In Zandford, for example, a broker’s alleged conduct of selling a customer’s securities with undisclosed intent to misappropriate the proceeds was deemed a deceptive device or contrivance in the purchase or sale of secu rities, and thus actionable under Rule 10b-5. Id. at 1904. See also Wharf (Holdings) Ltd. v. United Int’l Holdings, Inc., 532 U.S. 588, 597, 121 S.Ct. 1776, 149 L.Ed.2d 845 (2001) (<HOLDING>); United States v. O’Hagan, 521 U.S. 642,
holding that section 10b violation occurs on date of alleged misrepresentation not the date of the sale or purchase of securities holding that selling securities while secretly never intending to honor them is a  10b violation holding that a private plaintiff is not entitled to maintain an aiding and abetting action under  10b or rule 10b  5 holding that secretly using misappropriated confidential information for trading purposes to be  10b violation holding that claims brought under section 10b of the securities exchange act and rico claims were arbitrable