Securities Private Offering Exemption Applies in SEC Enforcement Action
Posted on Mar 3, 2017 in Securities | Comments Off on Securities Private Offering Exemption Applies in SEC Enforcement Action
The Eleventh Circuit rejected the SEC’s narrow construction of registration exemptions in SEC v. Levin, 2017 WL 711018 (Feb. 23, 2017), reversing a grant of summary judgment to the defendant but still affirming a jury verdict for securities fraud on multiple counts. The defendant, George Levin, invested his personal funds in a Ponzi scheme that operated by soliciting investors to...
Health Savings Accounts not exempt from bankruptcy estate in Georgia
Posted on Jan 27, 2017 in Bankruptcy | Comments Off on Health Savings Accounts not exempt from bankruptcy estate in Georgia
After the Georgia Supreme Court answered a certified question, the Eleventh Circuit held that health savings account (“HSA”) funds are not property exempt from the bankruptcy estate under Georgia law. In Mooney v. Webster, No. 15-11229 (11th Cir. Jan. 27, 2017), a Chapter 7 bankruptcy petitioner claimed the assets in her HSA account as exempt from bankruptcy under O.C.G.A. §...