BUSINESS C12V BUSINESSC12V BUSINESS/C12V Module 6 Case Analysis 3
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BUSINESS C12V BUSINESSC12V BUSINESS/C12V Module 6 Case Analysis 3
Brittany Smith AC1403101 C12V Business Law
Module 6 Case Analysis 3 March 29, 2020
In this case, Charles Edwards, the defendant, had a corporation that sold payphones to thepublic at a guaranteed rate of return. The SEC, plaintiff, brought a civil enforcement action against the defendant claiming he violated both registration requirements and anti-fraud provisions of the federal securities laws.
Description
BUSINESS C12V BUSINESSC12V BUSINESS/C12V Module 6 Case Analysis 3
Brittany Smith AC1403101 C12V Business Law
Module 6 Case Analysis 3 March 29, 2020
In this case, Charles Edwards, the defendant, had a corporation that sold payphones to thepublic at a guaranteed rate of return. The SEC, plaintiff, brought a civil enforcement action against the defendant claiming he violated both registration requirements and anti-fraud provisions of the federal securities laws.
Charles Edwards was the Chairman, Chief Executive Officer, and sole shareholder of ETS Payphones, Inc. ETS, acting partly through a subsidiary, also controlled by respondent, sold payphones to the public via independent distributors.
The payphones offered were packaged with a site lease, a 5-year leaseback, management agreement, and a buyback agreement. All, but a tiny fraction of purchasers, chose this package, although other management options were offered.
The purchase price for the payphone packages was approximately $7,000. Under the leaseback and management agreement, purchasers received $82 per month, a 14% annual return. Purchasers were not involved in the day-to-day operations of the payphones they owned.
ETS selected the site for the phone, installed the equipment, arranged for connection and long-distance service, collected coin revenues, and maintained and repaired the phones. Under the buyback agreement, ETS promised to refund the full purchase price of the package at the end of the lease or within 180 days of a purchaser’s request
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