S.E.C. v. MUTUAL BENEFITS CORP.

No. 04-14850.

408 F.3d 737 (2005)

SECURITIES & EXCHANGE COMMISSION, Plaintiff-Appellee, v. MUTUAL BENEFITS CORP., Joel Steinger, a.k.a. Joel Steiner, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 6, 2005.


Attorney(s) appearing for the Case

Marc Cooper, Colson, Hicks, Eidson, Colson & Matthews, Coral Gables, FL, William L. Olsen, Mayer, Brown, Rowe & Maw, LLP, Washington, DC, Bruce A. Zimet, Ft. Lauderdale, FL, Benedict P. Kuehne, Sale & Kuehne, P.A., John M. Hogan, Holland & Knight, LLP, Miami, FL, Lee H. Rubin, Mayer, Brown, Rowe & Maw, LLP, Palo Alto, CA, for Defendants-Appellants.

Christopher Paik, SEC, Washington, DC, for Plaintiff-Appellee.

Michael A. Hanzman, Hanzman & Criden, P.A., Coral Gables, FL, J. Steven Parker, Page Perry, LLC, Atlanta, GA, for Amici Curiae.

Before CARNES and COX, Circuit Judges, and MILLS, District Judge.


COX, Circuit Judge:

In this interlocutory appeal, Defendants, Mutual Benefits Corp. ("MBC"), et al.,1 appeal the decision of the district court denying their motion to dismiss for lack of subject matter jurisdiction. The district court denied the motion on the ground that investments in viatical settlement contracts are "investment contracts" within the meaning of the Securities Acts of 1933 and 1934. Sec. Exch. Comm'n v. Mutual Benefits...

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