To: hawkeye who wrote (69 ) 5/3/1998 11:15:00 PM From: Arcane Lore Read Replies (1) | Respond to of 3679
Even if all of the questioned contracts check out, I believe there will still need to be a 15c2-11 filing. Based on my impressions of the situations of other companies which have been the subject of trading halts, the SEC does not declare a trading halt without a reasonable basis (this doesn't, of course mean the company or anyone else is necessarily guilty of anything - but it does mean that the SEC has apparently reached the preliminary conclusion that the current public information is inadequate or misleading). Often their preliminary investigation prior to the halt will include one or more interviews with the company. I don't know if that happened in this case, but it is possible that some of the questions raised by SEC have already been pursued in discussions with the company. If so, it appears that SEC may not have been satisfied with the answers and/or may have felt the information in the answers needed to be publically disseminated. If there was no prior discussion with the SEC then might be a little more cause for optimism (but unfortunately probably not much more IMO) On a possibly related note, there was an AP Wire story that appeared on 5/1/98 concerning the suspension. Included in the story was the following sentence giving SEC's reasons for the trading halt. "The SEC said it took the action because of questions about the accuracy of Solucorp's official statements regarding, among other things, its contracts with other companies and U.S. government agencies including Los Alamos National Laboratory and the Environmental Protection Agency." Note that (1) the AP description is more specific than the rationale given in the SEC Digest and (2) it does not mention the China contract which was mentioned by the company per an earlier post. Instead it singles out two U.S. government entities - the Los Alamos National Laboratory and the EPA (and also mentions other, unnamed companies). Presumably even with the China MOU, SEC would still have an easier time verifying contracts with other U.S. Government entities than with a Chinese entity. It is, of course, possible that the AP story may be incorrect. The full story is available through the AP Wire archives. Unfortunately providing links to AP stories is a bit of a challenge. Probably the best thing is to go to their home page at wire.ap.org . Select a newspaper from one of the four pull down menus (I don't believe it matters which one). Click on the 'search' button at the bottom of the resulting page and then search for "solucorp" (without the quotes of course). The story will not be available after 5/8/98 since AP Wire keeps their stories around for only a week. Here is the corresponding text from the SEC Digest: "The Commission temporarily suspended trading in the securities of Solucorp because of questions that have been raised about the accuracy and adequacy of publicly disseminated information concerning, among other things: (1) the negotiation, existence and terms of contracts entered into by Solucorp or its licensees during the period July 1, 1995 through the present; and (2) recently projected revenues."edgar.sec.gov