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Microcap & Penny Stocks : PLNI - Game Over

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To: yardslave who wrote (5323)7/6/2006 8:48:55 PM
From: scion   of 12518
 
The District Court rejected the first defense because the statutory safe harbor does not apply to Commission enforcement actions, or to penny stocks, ...

More details -
Message 22602103

SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
SECURITIES EXCHANGE ACT OF 1934
Rel. No. 53122 A/ January 13, 2006
Admin. Proc. File No. 3-11573

sec.gov

The District Court rejected the first defense because the statutory safe harbor does not apply to Commission enforcement actions, or to penny stocks, ...
[...]

Respondents' characterization of these statements as protected, forward-looking statements under the statutory safe harbor provisions of the Securities Act and the Exchange Act is inapposite since issuers of penny stock are specifically excluded from the safe harbor protection of those provisions.. 24/ Also, the safe harbor protects a speaker from liability for forward-looking statements only in private actions, not in enforcement actions brought by the Commission.

sec.gov
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