Processing your request


please wait...

Case Page

 

Case Status:    DISMISSED    
On or around 02/04/2011 (Court's order of dismissal)

Filing Date: July 26, 2010

Geneva Exchange, Inc. is an investment services company.

According to the Complaint, this case arises out of Defendants' offer and sale of securities in the form of Tenant-in-Common interests to investors in an apartment complex know as Beamer Place Apartments ("Beamer Place TICs"). The sale was part of a investment scheme in which the promoter and issuer, Geneva Exchange, Inc. and Geneva Exchange LLC (together as "Geneva"), their sole owner, Duane H. Lund ("Lund"), and underwriter Berthel Fisher & Company Financial Services, Inc. ("Berthel Fisher") sought to inflate the value of the Beamer Place TICs by misrepresenting and/or concealing material facts as part of an exit strategy in which Defendants reaped millions of dollars in investment proceeds, as well as fees and commissions, from unsuspecting investors. Moreover, investors assumed millions of dollars in loans Geneva and Lund would otherwise have had to pay.

On September 24, 2010, the Defendant Berthel Fisher filed a motion to dismiss the case. On October 15, 2010, the Plaintiffs filed First Amended Class Action Complaint for damages. Another First Amended Complaint was filed on October 25, 2010. The Defendants filed two motions to dismiss the case on November 19, 2010. On February 4, 2011, Judge Jacqueline H. Nguyen granted the Defendants' motions to dismiss. The Court dismisses the First Amended Complaint in its entirety with prejudice.

On February 25, 2011, the Plaintiff filed a Notice of Appeal. The appeal is currently pending in the Ninth Circuit Court of Appeals.

Judgment was entered on March 23, 2011.

Protected Content


Please Log In or Sign Up for a free account to access restricted features of the Clearinghouse website, including the Advanced Search form and the full case pages.

When you sign up, you will have the option to save your search queries performed on the Advanced Search form.