SEC v. Glenn W. Turner Enterprises, 474 F.2d 476 (1973)

Is an injunction proper when a sales program is found to be a security under federal securities laws?

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The Court of Appeals held that the injunction issued by the District court, prohibiting the distribution of the program "Dare to be Great" and freezing the assets of Glenn W. Turner Inc, was proper because the part of the program was a security that had been sold in violation of federal securities laws. The District Court held that Dare's source of income was from the selling of the program, and people were attracted to it by the opportunity to earn money selling others the opportunity to sell the program. In buying into the system, the investor buys a share of the proceeds of the selling efforts of Dare, but puts in some individual effort in recruiting potential new members to hear the sales pitch. Because of the remedial nature of the securities laws, the statute should be broadly interpreted to include schemes that in substance, if not form, are securities. Dare met this standard, and an injunction was proper to prevent harm to additional investors, and to preserve the assets of the company for possible distribution to those harmed.

The full case and case summary is also available online at: http://www.mlmlegal.com/legal-cases/SEC_v_GlennWTurnerEnterprises.php

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Published In: MLM / Direct Sales Updates, MLM Consulting / Network Marketing Updates, Securities Updates

Reference Info:Federal, 9th Circuit, Oregon | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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