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F.T.C. v. TASHMAN

No. 01-14137.

318 F.3d 1273 (2003)

FEDERAL TRADE COMMISSION, Plaintiff-Appellant, v. Stephen I. TASHMAN, individually, and as an officer or manager of the corporate defendant, Stephen M. Mishkin, individually, and as an officer or manager of the corporate defendant, Ernest F. Lockamy, individually, and as an officer or manager of the corporate defendant, Michael S. Dundee, individually, and as an officer or manager of the corporate defendant, Harris M. Cohen, individually, and as an officer or manager of the corporate defendant, Telecard Dispensing Corp., a Florida corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 24, 2003.

Attorney(s) appearing for the Case

Lawrence DeMille-Wagman, John F. Daly, Washington, DC, for Plaintiff-Appellant.

Thomas Tew, Joseph A. DeMaria, Tew, Cardenas, Kellogg, Lehman, DeMaria & Tague, Miami, FL, for Defendants-Appellees.

Before TJOFLAT and KRAVITCH, Circuit Judges, and VINSON, District Judge.

TJOFLAT, Circuit Judge:

The investing public is concerned with two factors when confronted with a business opportunity: risk and reward. This point was underscored in a recent case in this Court. See Commodity Futures Trading Comm'n v. R.J. Fitzgerald & Co., 310 F.3d 1321(11th Cir.2002). There, we held that the defendant made misleading statements when it spoke of "unlimited profit potential" and ways to "limit risk" while...

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