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To: Robert O who wrote (145001)10/11/2001 12:53:05 PM
From: pgerassi  Read Replies (3) | Respond to of 186894
 
Robert O:

Basically what you are saying is that if someone screws you, you are to blame! That you should be content that if you were sold a "Lemon" from a new car dealer. That all of the aggravation, the time and all the money you have agreed to pay for it goes down the drain. You deserve it because:
1) You did not look at the BBB report on the company.
2) You didn't check the Consumer Report on the model you bought.
3) You didn't check out the plant that manufactured it and looked at all the iso 900x documentation.
4) You didn't have a third party mechanic look it over before you purchased it.
5) You didn't train on how to spot a "Lemon" until after the fact.

You are basically saying that no scam artist should ever be prosecuted because it was the victim's fault. Well government and the public out there doesn't agree with you. Government passes laws against scam artists and prosecutes them. In Wisconsin, you have recourse if you are sold a "Lemon". And the SEC is looking at removing Pro Forma earnings due to abuses past and present. Because they do not feel you should have to be a "Market Professional" to not be misled. Matter of fact, if a statement that misleads all, but "Market Professionals", it is considered misleading and is prosecuted.

If a company puts out a short and sweet statement, "We are having a great quarter! It is a record quarter! (wink, wink, nod, nod)". Then the public buys the stock. "Market Pros", know that "wink, wink" means take it negatively and that "nod, nod" means that "losses are happening", so they sell as much as they can. In a few weeks, earnings reports come out and the company lost a record amount in that "record" quarter. The stock drops off a cliff.

You tell the customers, you should have known what "wink, wink, nod, nod" means. Take the loss as you deserve it. The SEC felt differently. They successfully prosecuted both the companies management and the "Market Pros". It also adds new rules to prevent what occurred. The management has lost their jobs and are in jail. The "Market Pros" had to refund all money made and are either banned from the market, in jail or both.

You and I are of differing opinions on this. It looks like the SEC and the government in general takes my side.

Pete