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S.E.C. v. MERCHANT CAPITAL, LLC

No. 06-10353.

483 F.3d 747 (2007)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellant, v. MERCHANT CAPITAL, LLC, Steven C. Wyer, and Kurt V. Beasley, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 4, 2007.

Attorney(s) appearing for the Case

Dominick V. Freda, Jacob H. Stillman, Susan S. McDonald, SEC/Office of Gen. Counsel, Washington, DC, for SEC.

Mark G. Trigg, Greenberg, Traurig, LLP, Atlanta, GA, for Defendants-Appellees.

Before ANDERSON and BARKETT, Circuit Judges, and GOLDBERG, Judge.

ANDERSON, Circuit Judge:

The SEC brought this enforcement action against defendants Steven Wyer, Kurt Beasley, and Merchant Capital, LLC ("Merchant"), alleging violations of the registration and antifraud provisions of the federal securities laws. Wyer and Beasley, through Merchant, sold interests in twenty-eight registered limited liability partnerships ("RLLPs") to 485 persons. The SEC asserted that these interests were "investment contracts" within the meaning...

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