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To: jaxstraw who wrote (30735)	1/15/2013 10:09:50 AM
From: 1Coffeehound	Read Replies (1) \| Respond to of 53574

The biggest difference in the two cases is that Bordynuik will be found guilty. Considering the damage to their reputations and careers, the Nortel execs will clearly suffer more. Honest Jonny already has the reputation of a scum bag penny stock swindler. How does he degrade his legacy any further? He will receive the requisite slap on the wrist, return a fraction of the ill-gotten gains, and move on to his next scam. It's the golden parachute the SEC hands every convicted fraudster.

To: jaxstraw who wrote (30735)	1/15/2013 5:51:03 PM
From: the_big_guy	Read Replies (2) \| Respond to of 53574

That is the commonality. It depends how far you are prepared to take the argument. Taken to the extreme, as soon as someone takes the CEO chair, he is responsible for any misrepresentation. In the case of JBI, I believe that their own actions will result in a conviction. JBI negotiated the financing at $4.00. Within days they announced the financials were going to be restated. Or maybe hours. The timing of those events should result in a finding against JBI. There is no way they could not have known that the financials were misrepresented given that timing. One difference is that the Nortel case was criminal, the JBI case is civil. The Nortel execs were looking at prison terms, which JB is not (yet). The standard of proof is lower in a civil court than a criminal court. I have read the case against JBI and the defence. The case is fairly straighforward and the evidence is strong IMO. The defence makes some good points, but there are glaring weaknesses as well. On the strength of that, I expect a settlement against jBI, but it is hard to say how much,m as I have on knowledge of the US legal system.