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Using A Hybrid Securities Test To Tackle The Problem Of Pyramid Fraud, Corey Matthews
Using A Hybrid Securities Test To Tackle The Problem Of Pyramid Fraud, Corey Matthews
Fordham Law Review
This Note examines federal securities law as a tool to deter and regulate illegal pyramid schemes. Pyramid schemes are among the most prevalent forms of consumer fraud in the United States and they victimize thousands of individuals every year. The rise of the internet and social media has made it even easier for pyramid promoters to target potential recruits, often those who are already particularly vulnerable to consumer fraud. The federal securities laws have proven to be robust regulatory tools against pyramid schemes. However, the test used by federal courts to determine whether a scheme meets the definition of a …
Casting Light On The Shade: Using Securities Laws To Draw New Contours In Art Investment Regulation, Emma Snover
Casting Light On The Shade: Using Securities Laws To Draw New Contours In Art Investment Regulation, Emma Snover
Fordham Law Review
The disparate treatment of art investments under the Internal Revenue Code and the Securities Exchange Act of 1934 poses a problem. This disparity generates inequities among art investors and between art investors and investors in traditional securities markets. The Internal Revenue Code considers both art and traditional securities to be capital assets with no material distinction. For example, prior to the 2017 tax act, art investors could defer the realization of capital gains through like-kind exchanges of works of art under section 1031 of the Internal Revenue Code. Currently, under section 1400Z-2, an addition to the Internal Revenue Code through …