WARFIELD v. ALANIZ

Nos. 07-15586, 07-16377.

569 F.3d 1015 (2009)

Lawrence J. WARFIELD, Plaintiff-Appellee, v. Michael ALANIZ, Defendant, and Leonard Bestgen; Betty Bestgen; Robert Carroll; Charles Davis; Patrick Wehrly; Andrea Wehrly, Defendants-Appellants. Lawrence J. Warfield, Plaintiff-Appellant, v. Michael Alaniz, Defendant, and Leonard Bestgen; Betty Bestgen; Robert Carroll; Rudy Opinion Crosswell; Mary Crosswell; Charles Davis; Paul Richard Patrick Wehrly; Andrea Wehrly, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 24, 2009.


Attorney(s) appearing for the Case

Burton M. Bentley, The Bentley Law Firm, P.C., Phoenix, AZ, for the defendants-appellants/appellees.

Alisan M.B. Patten, Patrick M. Murphy, W. Mark Sendrow and Ryan W. Anderson, Guttilla Murphy Anderson, P.C., Phoenix, AZ, for the plaintiff-appellee/appellant.

Before: J. CLIFFORD WALLACE, SIDNEY R. THOMAS and SUSAN P. GRABER, Circuit Judges.


THOMAS, Circuit Judge:

This appeal presents the question, inter alia, of whether the charitable gift annuities sold in this case were investment contracts under federal securities law. We conclude they were, and we affirm the judgment of the district court.

I

Not only did Robert Dillie promise his investors "a gift for your lifetime and beyond," he pledged "preservation of the American way of life," "preservation of your assets," and "preservation...

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