Legal Opinion
Securities & Exchange Commission v. Mutual Benefits Corp.
District Court, S.D. Florida
Decided June 25, 2004No. 04-60573PublishedCited by 7 opinions
1Opinion of the Court
ORDER DENYING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION
MORENO, District Judge.
Before the Court is an action commenced by the Securities and Exchange Commission for the violation of various federal securities regulations in the trade of life insurance policies of terminally ill people. Presently, the Court is called upon to decide whether the sale of these “viatical settlements” is beyond the scope of the federal securities laws. Specifically, Defendants contend that investments in viatical settlements are not investment contracts and as a result, the Securities and…
2Cases cited19 opinions
- Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
- United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975
- Tcherepnin v. KnightSupreme Court of the United States · 1967
- Securities & Exchange Commission v. Capital Gains Research Bureau, Inc.Supreme Court of the United States · 1963
- Pinter v. DahlSupreme Court of the United States · 1988
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3Cited by7 opinions
- Securities & Exchange Commission v. Mutual Benefits Corp.Court of Appeals for the Eleventh Circuit · 2005
- Hays v. AdamDistrict Court, N.D. Georgia · 2007
- Reiswig v. Department of CorporationsCalifornia Court of Appeal · 2006
- Securities & Exchange Commission v. Life Partners Holdings, Inc.District Court, W.D. Texas · 2013
- Arch Insurance Company v. Kubicki Draper, LLPSupreme Court of Florida · 2021
2 more not listed; retrieve them via the Exa API.