Hi Elton,

That does make sense when you put it that way.  I had no idea.
So it's OK to chat about the investment value of meteorites and
tell other people about them, but you can't promote or sell a 
meteorite as an "investment" unless you are willing to play ball
with the system.  Understood.  :)

Regards and clear skies,

MikeG

.........................................................
Michael Gilmer (Louisiana, USA)
Member of the Meteoritical Society.
Member of the Bayou Region Stargazers Network.
Websites - http://www.galactic-stone.com and http://www.glassthrower.com
..........................................................

Message: 8
Date: Thu, 19 Feb 2009 11:33:30 -0800 (PST)
From: Mr EMan <mstrema...@yahoo.com>
Subject: Re: [meteorite-list] Meteorites, investments and the law
To: meteorite-list@meteoritecentral.com, michael_w_gil...@yahoo.com
Message-ID: <165099.15083...@web55207.mail.re4.yahoo.com>
Content-Type: text/plain; charset=us-ascii


Dear Mike--
Short Answer: Routine commercial sales aren't regulated so long as you do not 
hold them out as a security or investment.

If you publish or utter the term "investment"-- which has a specific legal 
meaning, to market your meteorite wares then your business activity is eligible 
for review and regulation by the Securities and Exchange Commission (SEC).  AND 
yes they can put a microscope up your butt in perpetuity and bankrupt you with 
attorney fees and fines for as you should know ignorance of the law is no 
defense.   

Long Answer:
Most financial objects and those involving more than 5 entities are regulated.  
Notes, Coins, Money and IOUs are among the few which aren't directly 
regulated...use the term "investment" to sell any one of them and you are now 
obligated to meat all the legal filing and disclosures under state and federal 
security laws.  There is yet another oxymoron "securities" which will get you 
in trouble with the SEC.

If a customer wished to recoup his loses because he can't sell the stuff for 
what he paid for it.  He goes to the SEC hotline and claims you told him it so 
much as "could be" an investment and you are presumed to be in criminal and 
civil violation of various financial laws and a part of your settlement will be 
making your customer "whole".  If you market investments you have to provide on 
demand a prospectus which meets all the SEC disclosure requirements and you 
have to register with state and federal regulators depending on your category.

So if you want to pick a fight with "Big Gvn'munt", by all means use the term 
investment--especially after Matlof's big Ponzi fraud.  It isn't a free speech 
issue because it is one of those greater good provisions which allows certain 
activities and financial objects to be regulated.

The Federal Trade Commission governs yet another facet of commerce such as 
truth in jewelry components and quality obligations to disclose accurately, etc.

Elton



      
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