A U.S. federal appeals court Friday broadly defined the term “for compensation” for purposes of determining whether a defendant who defrauded clients should be judged an investment advisor under the Investment Advisers Act of 1940.

In its Friday decision, the U.S. Court of Appeals for the 3rd Circuit found that Everett C. Miller of Carr Miller Capital in New Jersey sold investors more than $41 million “in phony promissory notes and then squandered their money” and was indeed an advisor when he did so.

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