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BUSINESS C12V BUSINESSC12V BUSINESS/C12V Module6-Assignment

BUSINESS C12V BUSINESSC12V BUSINESS/C12V Module6-Assignment

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BUSINESS C12V BUSINESSC12V BUSINESS/C12V Module6-Assignment

MCOLIVER NAOMI AC1905772 C12V BUSINESS LAW CASE ANALYSIS 3:
Securities and Exchange Commission v. Edwards
04/27/2020
Summary of the facts of the case
Charles Edwards, who is the defendant, was thefounding father ofETS Payphones, Inc.,a companythat sold pay telephones to the public’s independent businesses and own allowance of letting them back at a set monthly fee. For this deal, the consumers will have a set annual return on their deal or investment.
The company also makes available an assured rate of return on their products. Conversely, they were incapable to fulfill this agreement due to insufficient revenue. Regardless of their convinced promotion, they could not make the maximum amount of money projected.
The company started struggling to fulfill their financial commitments to shareholders. This also meant ETS is unable to fulfill their 14% pledge to their customers. Eventually, the effect of shortage of sales earnings made ETS file for bankruptcy.
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Description

BUSINESS C12V BUSINESSC12V BUSINESS/C12V Module6-Assignment

MCOLIVER NAOMI AC1905772 C12V BUSINESS LAW CASE ANALYSIS 3:
Securities and Exchange Commission v. Edwards
04/27/2020
Summary of the facts of the case
Charles Edwards, who is the defendant, was thefounding father ofETS Payphones, Inc.,a companythat sold pay telephones to the public’s independent businesses and own allowance of letting them back at a set monthly fee. For this deal, the consumers will have a set annual return on their deal or investment.
The company also makes available an assured rate of return on their products. Conversely, they were incapable to fulfill this agreement due to insufficient revenue. Regardless of their convinced promotion, they could not make the maximum amount of money projected.
The company started struggling to fulfill their financial commitments to shareholders. This also meant ETS is unable to fulfill their 14% pledge to their customers. Eventually, the effect of shortage of sales earnings made ETS file for bankruptcy.
While listing out for bankruptcy in September, 2000, the SEC (Securities and Exchange Commission) alleged that ETS had not abided by the explicit requirements and were subject under discussion with the federal securities laws. What they consider to be a breach was ETS advertising and letting their owned equipments.
This was seen as an “investment contract”. The SEC filed an appropriate, civil lawsuit reproaching the chairman of ETS Payphones Inc. Charles Edwards of going against the rules and proceedings. The District Court gave a verdict in support of SEC in their initial ruling.
With this, the district court froze the assets of Mr. Charles Edwards as a preliminary sanction. In referencing SEC, the telephones were said to be investments for purchasers andfunction assecurities.
In a remarkablepreliminary injunction, Charles Edwards’s assets were frozen by Federal Courta callthat was rule against by the Eleventh Circuit Court of Appeals, which stated that theDistrictCourt lack jurisdiction.
The court also maintained that the SECwas unable toshow adequate proof that the sales of the telephones were “investment contract”.
Identify the Parties and Explain Each Party`s Position.
Charles Edwards the defendant, who owned and operated ETS Payphones, Inc., was indicted by the plaintiff, the Securities and Exchange Commission(SEC) for contravening its registration requirements,in additionis anti-fraud provisions, under the Securities Act of 1933as well as theSecurities Exchange Act of 1934.
The Securities Exchange Commission says that the

BUSINESS C12V BUSINESSC12V BUSINESS/C12V Module6-Assignment

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