Securities & Exchange Commission v. Merchant Capital, LLC
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
ANDERSON, Circuit Judge:
The SEC brought this enforcement action against defendants Steven Wyer, Kurt Beasley, and Merchant Capital, LLC (“Merchant”), alleging violations of the registration and antifraud provisions of the federal securities laws. Wyer and Beasley, through Merchant, sold interests in twenty-eight registered limited liability partnerships (“RLLPs”) to 485 persons. The SEC asserted that these interests were “investment contracts” within the meaning of the federal securities laws, and that the defendants had committed securities fraud in marketing the interests. The district…
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