(a) “Fraud” and “fraudulent practice” include:
(1) a misrepresentation of a relevant fact made in any manner;
(2) a promise, representation, or predication as to the future not made honestly and in good faith;
(3) an intentional failure to disclose a material fact;
(4) a direct or indirect gain, through the sale of a security, of an underwriting or promotion fee or profit, or of a selling or managing commission or profit, that is so gross or exorbitant as to be unconscionable; and
(5) a scheme, device, or other artifice to obtain a profit, fee, or commission described by Subdivision (4).
(b) Nothing in this section limits the full meaning of “fraud,” “fraudulent,” or “fraudulent practice” as applied or accepted in courts.