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· 10/4/2013

Securities & Exchange Commission v. Thompson

Citations

  • 732 F.3d 1151
  • 2013 WL 5498133
  • 2013 U.S. App. LEXIS 20342

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that seller “sought to expand its distribution to anyone interested who had $100,000 to invest . . . and made its instruments available to anyone willing to pay”
  • noting that defendant “talked about the Instrument as though it were an investment”
  • finding in favor of a security because the funds were used for growth of the company and to grow a reserve to fund a specific project, and noting that “sellers” of non-securities are ordinarily businesses motivated to correct cash-flow difficulties
  • in reviewing a grant of summary judgment, “a court views the evidence and draws reasonable inferences therefrom in the light most favorable to the nonmoving party” (brackets and internal quotation marks omitted)
  • issuer made its notes available to anyone willing to pay and sold the notes to 60 people
  • “attractive interest rate . . . provides strong evidence that holders were interested primarily in . . . profit”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kelly, Baldock, Ebel

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.