Under the proposed settlement, for which the SEC staff is seeking approval by the Court, the Company and Mr. Bordynuik would consent to the entry of orders enjoining them from future violations of certain provisions of the federal securities laws (including the antifraud, reporting and books and records provisions), and requiring the Company and Mr. Bordynuik to pay civil penalties of $150,000 and $110,000, respectively. The contemplated settlement does not require payment of “disgorgement” or other amounts. The proposed order against Mr. Bordynuik would include a five-year officer/director bar.

To deny that this phrasing is not a clear indication that violations of certain provisions of the federal securities laws (etc.) took place and resulted in the corresponding actions is the fiction.