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U.S. v. HOLTZCLAW

Criminal Action Nos. 3:96-00022, 3:96-00027.

950 F.Supp. 1306 (1997)

UNITED STATES of America, Plaintiff, v. John S. HOLTZCLAW, Jerry L. Horn, Donald L. Estes, and Joyce Morfey, Defendants, and UNITED STATES of America, Plaintiff, v. John S. HOLTZCLAW and Joyce Morfey, Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

January 14, 1997.

Attorney(s) appearing for the Case

Larry R. Ellis, Philip H. Wright, Charleston, WV, for United States of America.

R. Clarke VanDervort, Charleston, WV, for Holtzclaw.

Gregory J. Campbell, Charleston, WV, for Horn.

David Tapp, Somerset, KY, for Morfey.

Edward H. Weis, Charleston, WV, for Estes.

OPINION AND ORDER

GOODWIN, District Judge.

The defendants argue in support of motions for judgment of acquittal that the government failed to prove that a security was involved in the transaction for which they were prosecuted and found guilty.1 The issue for decision is whether the "pyramid scheme" sold by the defendants is an investment contract and thus a security.

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