STATE v. LUNDBERG

Nos. 114,897, 114,898.

391 P.3d 49 (2017)

STATE of Kansas, Appellant, v. David G. LUNDBERG and Michael L. Elzufon, Appellees.

Court of Appeals of Kansas.

Opinion filed March 3, 2017.


Attorney(s) appearing for the Case

Thomas E. Knutzen , deputy director of policy and senior staff attorney, and Joshua A. Ney , Ryan A. Kriegshauser , and Christopher D. Mann , of the Office of the Kansas Securities Commissioner, and Derek Schmidt , attorney general, for appellant.

Richard Ney and David L. Miller , of Ney, Adams & Miller, of Wichita, for appellee David G. Lundberg.

Kurt P. Kerns , of Ariagno, Kerns, Mank & White, LLC, of Wichita, for appellee Michael L. Elzufon.

Zachary T. Knepper , deputy general counsel, and A. Valerie Mirko , general counsel, of North American Securities Administrators Association, Inc., of Washington, D.C., and Alan V. Johnson , of Sloan, Eisenbarth, Glassman, McEntire & Jarboe, L.L.C., of Topeka, for amicus curiae North American Securities Administrators Association, Inc.

Before Bruns, P.J., McAnany and Buser, JJ.


The State appeals from the district court's decision dismissing 56 counts in each of two 61-count criminal complaints filed against David G. Lundberg and Michael W. Elzufon. The complaints alleged that Lundberg and Elzufon had violated the Kansas Uniform Securities Act, K.S.A. 17-12a101 et seq. Specifically, the complaints asserted...

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