Notes of Decisions
United States v. James Lloyd, 807 F.3d 1128 (9th Cir. 2015).
· cites it 14× “§ 1341 , and offering and selling unregistered securities under 15 U.S.C. §§ 77e and 77x and aiding and abetting under 18 U.”
SEC v. Phan, 500 F.3d 895 (9th Cir. 2007).
· cites it 7× “The SEC alleged that the defendants violated Section 5 of the 1933 Act, 15 U.S.C. § 77e, which forbids the unregistered sale of securities.”
Blue Chip Stamps v. Manor Drug Stores, 421 U.S. 723 (1975).
· cites it 6× “The reorganization plan was carried out, the offering was registered with the SEC as required by the 1933 Act, and a prospectus was distributed to all offerers as required by § 5 of that Act, 15 U. S. C. § 77e. Somewhat more than 50% of the offered units were actually purchased.”
United States v. Richard Bailey, 696 F.3d 794 (9th Cir. 2012).
· cites it 6× “The government’s response brief explains that the Complaint was offered to prove the knowledge component of willfulness, as defined under 15 U.S.C. §§ 77e, 77x.2 The transcript from the court’s ruling on Bailey’s motion in limine proves that the government offered the Complaint…”
Aaron v. Sec. & Exch. Comm'n, 446 U.S. 680 (1980).
· cites it 4× “[1] The Commission also charged the petitioner and three other defendants with violations of the registration provisions of §§ 5 (a), (c) of the 1933 Act, 15 U. S. C. §§ 77e (a), (c). The District Court found that the petitioner had violated these provisions and enjoined him…”
Piper v. Chris-Craft Indus., Inc., 430 U.S. 1 (1977).
· cites it 4× “Chris-Craft alleged that Bangor's block purchases of 120,200 Piper shares in mid-May violated Rule 10b-6 and that Bangor's May 8 press release, announcing an $80 valuation of Bangor securities to be offered in the forthcoming exchange offer, violated SEC "gun-jumping"…”
Sec. & Exch. Comm'n v. CMKM Diamonds, Inc., 729 F.3d 1248 (9th Cir. 2013).
· cites it 4× “The district court granted summary judgment in favor of the SEC, ruling that 1st Global Stock Transfer, LLC (“Global”), Helen Bagley, and Brian Dvorak (collectively, “Defendants”) participated in an unregistered distribution of securities in violation of Section 5 of the…”
ABN AMRO, Inc. v. Capital Int'l Ltd., 595 F. Supp. 2d 805 (N.D. Ill. 2008).
· cites it 5× “Those allegations are all that is required to establish a prima facie violation of Section 5 of the 1933 Act, 15 U.S.C. § 77e, for failure to register.”
Sec. & Exch. Comm'n v. M & a West Inc., 538 F.3d 1043 (9th Cir. 2008).
· cites it 6× “Medley was charged with violating Section 5 of the Securities Act of 1933 ("the Act"), 15 U.S.C. § 77e, for selling unregistered securities.”
Sec. & Exch. Comm'n v. Esposito, 260 F. Supp. 3d 79 (D. Mass. 2017).
· cites it 3× “15 U.S.C. § 77e(a), (c). Section 5(a) makes it unlawful for anyone to sell, directly or indirectly, securities through the use of any means or instruments of interstate commerce without an effective registration statement.”
— 15 U.S.C. § 77e(1) — 1 case
— 15 U.S.C. § 77e(2) — 1 case
— 15 U.S.C. § 77e(a) — 552 cases
SEC v. Phan, 500 F.3d 895 (9th Cir. 2007).
“The SEC alleged that the defendants violated Section 5 of the 1933 Act, 15 U.S.C. § 77e, which forbids the unregistered sale of securities.”
Sec. & Exch. Comm'n v. CMKM Diamonds, Inc., 729 F.3d 1248 (9th Cir. 2013).
“The district court granted summary judgment in favor of the SEC, ruling that 1st Global Stock Transfer, LLC (“Global”), Helen Bagley, and Brian Dvorak (collectively, “Defendants”) participated in an unregistered distribution of securities in violation of Section 5 of the…”
ABN AMRO, Inc. v. Capital Int'l Ltd., 595 F. Supp. 2d 805 (N.D. Ill. 2008).
“Those allegations are all that is required to establish a prima facie violation of Section 5 of the 1933 Act, 15 U.S.C. § 77e, for failure to register.”
— 15 U.S.C. § 77e(a)(1) — 17 cases
— 15 U.S.C. § 77e(a)(2) — 17 cases
— 15 U.S.C. § 77e(a)(3) — 1 case
— 15 U.S.C. § 77e(a)(5) — 1 case
— 15 U.S.C. § 77e(a)(8) — 1 case
— 15 U.S.C. § 77e(a)(l) — 14 cases
— 15 U.S.C. § 77e(b) — 17 cases
Blue Chip Stamps v. Manor Drug Stores, 421 U.S. 723 (1975).
“The reorganization plan was carried out, the offering was registered with the SEC as required by the 1933 Act, and a prospectus was distributed to all offerers as required by § 5 of that Act, 15 U. S. C. § 77e. Somewhat more than 50% of the offered units were actually purchased.”
— 15 U.S.C. § 77e(b)(1) — 3 cases
— 15 U.S.C. § 77e(b)(2) — 13 cases
— 15 U.S.C. § 77e(b)(l) — 11 cases
— 15 U.S.C. § 77e(c) — 64 cases
Sec. & Exch. Comm'n v. M & a West Inc., 538 F.3d 1043 (9th Cir. 2008).
“Medley was charged with violating Section 5 of the Securities Act of 1933 ("the Act"), 15 U.S.C. § 77e, for selling unregistered securities.”
Sec. & Exch. Comm'n v. Esposito, 260 F. Supp. 3d 79 (D. Mass. 2017).
“15 U.S.C. § 77e(a), (c). Section 5(a) makes it unlawful for anyone to sell, directly or indirectly, securities through the use of any means or instruments of interstate commerce without an effective registration statement.”
— 15 U.S.C. § 77e(e) — 6 cases
ABN AMRO, Inc. v. Capital Int'l Ltd., 595 F. Supp. 2d 805 (N.D. Ill. 2008).
“Those allegations are all that is required to establish a prima facie violation of Section 5 of the 1933 Act, 15 U.S.C. § 77e, for failure to register.”
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