Anthony B. and Jill Serfustini - Page 18




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          supermarket.  Some other potential uses listed in the offering              
          were various lubricants for high-speed or high-temperature                  
          machinery, pharmaceuticals, cooking oils, disinfectants,                    
          polishing waxes, corrosion inhibitors, candles, animal feed                 
          supplements, and fertilizer.  Being a physician, it seems logical           
          that petitioner would have had some access to information about             
          the use of jojoba in the pharmaceutical arena; however,                     
          petitioner failed to pursue this possibility.  Petitioners'                 
          failure to investigate any of the other enumerated potential uses           
          of jojoba plants was unreasonable under the circumstances.                  
               Petitioners had no legal or agricultural background or                 
          training; yet they consulted no source of such information before           
          agreeing to invest more than $30,000 in Blythe II.11  At a                  
          minimum, petitioners could have contacted an attorney to review             
          the offering, provide legal advice surrounding the partnership,             
          and explain the legal ramifications of the licensing agreement's            
          canceling out the R&D agreement.  A reasonable and ordinarily               
          prudent investor under the circumstances would have consulted an            
          attorney.  Also, petitioners could have taken the simple step of            
          contacting the agricultural department of a nearby college or               
          university, or going to another reliable source, to inquire about           


               11   As stated previously, it is unclear from the record               
          whether petitioners completed the payments provided for in the              
          promissory note; however, at the very least, they paid $10,000              
          and legally committed themselves to pay the remaining $23,920.              





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