Michael E. and Johanna S. Davis - Page 16




                                       - 15 -                                         

               Outside of Mr. Matsuda, petitioners made no other inquiry              
          into the viability of the partnership's proposed research and               
          operations.  The Court finds it notable that the offering listed            
          at least 15 potential uses of jojoba nuts; yet, petitioners                 
          failed to explore the plausibility of any of those potential                
          uses.  Some of the potential uses listed in the offering were               
          various lubricants for high-speed or high-temperature machinery,            
          cosmetics, shampoos and soaps, sunscreens, pharmaceuticals,                 
          cooking oils, disinfectants, polishing waxes, corrosion                     
          inhibitors, candles, animal feed supplements, and fertilizer.               
          Petitioners' failure to investigate independently any of the                
          enumerated potential uses of jojoba plants was unreasonable under           
          the circumstances.                                                          
               Petitioners had no legal or agricultural background or                 
          training; yet, they consulted no one in these fields of endeavor            
          prior to investing in Jojoba Hawaii.  Petitioners appear to argue           
          that they felt no need to consult an appropriate expert or                  
          experts to examine the substance of the investment because they             
          were relying on the advice of Mr. Matsuda, petitioner wife's                
          father.  To the contrary, the Court believes that, at a minimum,            
          petitioners should have contacted an attorney to review the                 
          offering and provide legal advice surrounding the partnership.  A           
          reasonable and ordinarily prudent investor under the                        
          circumstances would have consulted an attorney.  Also a                     





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