MATHEWS v. CASSIDY TURLEY

No. 51, September Term, 2012.

80 A.3d 269 (2013)

435 Md. 584

William H. MATHEWS v. CASSIDY TURLEY MARYLAND, INC. et al.

Court of Appeals of Maryland.

November 26, 2013.


Attorney(s) appearing for the Case

Thomas C. Costello (Costello Law Group, Towson, MD), on brief, for appellant/cross-appellee.

Matthew S. Sturtz (Jeffrey P. Reilly of Miles & Stockbridge P.C., Towson, MD), on brief, for appellee/cross-appellants.

Douglas F. Gansler, Esq. , Atty. Gen., of Maryland, T. Webster Brenner, Esq. , Katharine M. Weiskittel, Esq. , Asst. Attys. Gen., Baltimore, MD, Joseph J. Opron, III, Esq. , North American Securities Administrators Association, Inc., Washington, DC, for amici curiae brief of Maryland Securities Commissioner and North American Securities Administrators Association, Inc.

Argued before: BARBERA, C.J, HARRELL, BATTAGLIA, GREENE, ADKINS, McDONALD, BELL, JJ.


McDONALD, J.

It is sometimes the case that an individual bent on avoiding taxes exchanges the certainty of the tax liability for a risky, and perhaps fraudulent, investment that proves more costly in the long run. The instant litigation arises out of such a situation. We are asked to decide the nature of the investment — was it a "security" for purposes of application of the Maryland Securities Act? — and whether the long run was too long — are...

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