· 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 CourtListenerSourced 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.