Legal Opinion

Warfield v. Alaniz

Court of Appeals for the Ninth Circuit

Decided June 24, 2009No. 07-15586, 07-16377PublishedCited by 43 opinions

1Opinion of the Court

THOMAS, Circuit Judge:

This appeal presents the question, inter alia, of whether the charitable gift annuities sold in this case were investment contracts under federal securities law. We conclude they were, and we affirm the judgment of the district court.

I

Not only did Robert Dillie promise his investors “a gift for your lifetime and beyond,” he pledged “preservation of the American way of life,” “preservation of your assets,” and “preservation of the American family.” Unless Dillie meant to refer to the way of life perfected by the Boston swindler Charles Ponzi and his family, 1 we can…

2Cases cited21 opinions

  1. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  2. United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975
  3. Tcherepnin v. KnightSupreme Court of the United States · 1967
  4. Securities & Exchange Commission v. C. M. Joiner Leasing Corp.Supreme Court of the United States · 1943
  5. Reves v. Ernst & YoungSupreme Court of the United States · 1990

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3Cited by43 opinions

  1. Clyde Spencer v. Sharon KrauseCourt of Appeals for the Ninth Circuit · 2017
  2. Calderon-Serra v. Wilimington Trust CompanyCourt of Appeals for the First Circuit · 2013
  3. Wordtech Systems, Inc. v. Integrated Networks Solutions, Inc.Court of Appeals for the Federal Circuit · 2010
  4. Auto Ind. Pension Trust Fund v. Toshiba Corp.Court of Appeals for the Ninth Circuit · 2018
  5. Ussec v. Hui FengCourt of Appeals for the Ninth Circuit · 2019

38 more not listed; retrieve them via the Exa API.

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