United States Eleventh Circuit

In enforcement action alleging violations of the registration and antifraud provisions of the federal securities laws, holding that interests sold in 28 registered limited liability partnerships were not investment contracts and that defendants had not committed securities fraud is reversed where: 1) the RLLP interests were indeed investment contracts covered by the federal securities laws; 2) defendants made material misrepresentations and omissions in the marketing of those interests; and 3) the district court's holdings with respect to scienter and remedies are vacated.

Appellate Information

• Decided 04/04/2007
• Published 04/04/2007

Judges

• ANDERSON, Circuit Judge:, Before ANDERSON and BARKETT, Circuit Judges, and GOLDBERG, Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Dominick V. Freda, Jacob H. Stillman, Susan S. McDonald, SEC/Office of Gen. Counsel, Washington, DC, for SEC.


• For Appellees:
  
• Mark G. Trigg, Greenberg, Traurig, LLP, Atlanta, GA, for Defendants-Appellees.