I worked on a reply but the gremlins got it.
By the way you forgot to mention this regarding the "link" upon which your, er, legal opinion is based:
sec.gov
"The Securities and Exchange Commission disclaims responsibility for any private publication or statement of any of its employees. This outline was prepared by members of the staff of the Division of Corporation Finance, and does not necessarily reflect the views of the Commission, the Commissioners, or other members of the staff."
Suffice to say you just might be right. Although the SEC is disclaiming what you base your opinion on. I'm not a securities attorney. I don't think you are one either. Your point was finally getting across when you contrasted the fact of the filing against the language in it. I've had quite a bit of experience with PPM's and that's what I was basing my comments on.
But then you brought out the wrecking ball and unfortunately ruined the whole thing with this zinger:
"Now, if it is you and you alone who is promoting this drivel, then you are in violation of quite a number of SEC Rules including the Commission primary enforcement subsection 10b-5: Shall I quote it again?
b.To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or....
law.uc.edu
Admittedly, you did try to give yourself an out this time. According to the company...
Though I was always taught that ignorance of the law is no excuse, in my experience judges and regulators are lenient and reasonable for those who truly don't know. They save their wrath for transgressors who are recklessly negligent in regards to their affirmative responsibility to inform themselves of salient facts, especially when they purport to be an expert, and by their negligence cause harm to others."
My arguments for my position stand on their own merits. Yours, obviously cannot. The above is why I am convinced you do not know what you are talking about.
As far as I am concerned you have forfeited your privileges to participate in the discussion here. That was the last straw.
Have a nice life.
PCM
GO PABN!!!
p.s. "..in my experience judges and regulators are lenient and reasonable for those who truly don't know."
So, that expalins it: "in your experience" indeed. |