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To: scion who wrote (9915)7/26/2011 10:36:46 AM
From: scionRespond to of 53574
 
This is an arms-length agreement between the Company and JBI by President and CEO John Bordynuik, who is the majority shareholder in both 310 Holdings and John Bordynuik Inc.

I hope the outcome of the Wells Notice action explains how Bordynuik could have an arm's length agreement with himself, or not.

8-K 310 Holdings, Inc - Asset Purchase Agreement - assets of John Bordynuik, Inc. (“JBI”)

Item 1.01. Entry into a Material Definitive Agreement.

On June 25, 2009, 310 Holdings, Inc., (the “Company”) entered into an asset purchase agreement (the “Agreement”) to purchase and assume certain assets of John Bordynuik, Inc. (“JBI”), a Delaware corporation. This is an arms-length agreement between the Company and JBI by President and CEO John Bordynuik, who is the majority shareholder in both 310 Holdings and John Bordynuik Inc.

sec.gov



To: scion who wrote (9915)7/26/2011 7:21:37 PM
From: scionRead Replies (1) | Respond to of 53574
 
For example, during the recent nonpublic proceedings regarding an audit firm called Gately & Associates, the firm issued 29 additional audit reports on public company financial statements between the commencement of the Board's proceeding and the public disclosure of the Board's charges, which did not occur until the Commission sustained the Board's findings and sanctions to expel the Gately firm from public company auditing and bar Mr. Gately from being an associated person.

The Need for Transparency in PCAOB Disciplinary Proceedings
DATE Sept. 28, 2010
SPEAKER(S): Claudius B. Modesti, Director of Enforcement
EVENT: New York State Society of CPAs' SEC Conference
LOCATION: New York, NY


pcaobus.org


INDEPENDENT AUDITORS' CONSENT

We hereby consent to the use in this Registration Statement on Form S-1 of our report dated September 12, 2008, relating to the consolidated financial statements of John Bordynuik, Inc.

We also consent to the reference to our firm under the caption "Experts" in the Registration Statement.

/s/ GATELY & Associates, LLC.

GATELY & ASSOCIATES, LLC.

Altamonte, Florida
April 6, 2009

sec.gov

EX-5.1 2 fs1ex5i_jbi.htm LEGAL OPINION
sec.gov

Exhibit 5.1

ANSLOW & JACLIN, LLP

April 6, 2009

John Bordynuik, Inc.
4536 Portage Road
Niagara Fal1s, Ontario Canada L2E6A8

Gentlemen:

You have requested our opinion, as counsel for John Bordynuik, Inc. a Delaware corporation (the "Company"), in connection with the registration statement on Form S-1 (the "Registration Statement"), under the Securities Act of 1933 (the "Act"), filed by the Company with the Securities and Exchange Commission.

The Registration Statement relates to an offering of 9,697,375 shares of the Company’s common stock.

We have examined such records and documents and made such examination of laws as we have deemed relevant in connection with this opinion. It is our opinion that the shares of common stock to be sold by the selling shareholders have been duly authorized and are legally issued, fully paid and non-assessable.

No opinion is expressed herein as to any laws other than the State of Delaware of the United States. This opinion opines upon Delaware law including the statutory provisions, all applicable provisions of the Delaware Constitution and reported judicial decisions interpreting those laws.

We hereby consent to the filing of this opinion as an exhibit to the Registration Statement and to the reference to our firm under the caption “Experts” in the Registration Statement. In so doing, we do not admit that we are in the category of persons whose consent is required under Section 7 of the Act and the rules and regulations of the Securities and Exchange Commission promulgated thereunder.

Very truly yours,

ANSLOW & JACLIN, LLP

By: /s/ Gregg E. Jaclin
ANSLOW & JACLIN, LLP

195 Route 9 South, Suite 204, Manalapan, New Jersey 07726
Tel: (732) 409-1212 Fax: (732) 577-1188

sec.gov