SEC v. Koscot Interplanetary, 365 F.Supp. 588 (1973)

Is the Koscot sales program a security under current federal law?

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The District court held that Koscot was not a security under the law of the circuit. The court felt compelled to follow earlier circuit precedent in deciding that profits must come "solely" from the efforts of others for an investment program to be considered a security. While other circuits had adopted a more flexible functional security test, the Eleventh Circuit had not, and it was up to the higher courts to change the standards to be applied to programs like Koscot.

Full case and case summary also available online at: http://www.mlmlegal.com/legal-cases/SEC_v_KoscotInterplanetary365FSupp588-1973Dist-Ct.php

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

Reference Info:Federal, 11th Circuit, Georgia | 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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