State v. Lundberg

Bruns, J.:

The State appeals from the district courts decision dismissing 56 counts in each of two 61-count criminal complaints filed against David G. Lundberg and Michael W. Elzufon. The complaints alleged that Lundberg and Elzufon had violated the Kansas Uniform Securities Act, K.S.A. 17-12al01 et seq. Specifically, the complaints asserted that Lundberg and Elzufon unlawfully sold-—or offered to sell—unregistered securities and committed securities fraud.

The district court consolidated the two cases for preliminary hearing. Prior to the hearing, Lundberg filed a motion to dismiss for lack of…