William Rubin, president of Tri-State Mining Co., sought a loan from Bankers Trust Co. To secure the loan, he pledged worthless stock in six companies and represented that the stock was worth $1.7 million. He also arranged for fictitious quotations to appear in an investment reporting service used by the bank to value the pledged securities. The bank loaned Rubin $475,000 and took the securities as pledged collateral. In a criminal action against Rubin under section 17

(a) of the 1933 act, Rubin’s defense was that the pledging of securities did not constitute an offer or sale of securities under the act.

Was Rubin correct? [Rubin v United States, 449 US 424]

AppendixLO1