As I've said before, there isnt likely to be a trial -the purpose of a trial is to determine facts,so the sec matter is no doubt in the process of settlement, as it apparently has been since June, as per posts here etc then. The facts have already been stipulated w DOJ-where the matter was already settled in June-whose version contradicted sec version-so that doesnt help sec-perjury anyone?
SEC has to abide by the facts stipulated w DOJ -the sec matter is no doubt in the process of settlement, as it apparently has been since June-see posts then. Sept 27 is for DOJ sentencing only and has nothing per se at this point to do w the sec matter imo.
As per the plea agreement prosecutor is required to ask for the lowest sentence in the range and to reduce the offense level by 2-3 steps depending on determination of said level-as per the agreement the level is expected to be anywhere from 1-16 out of a possible 43 levels and the overburdened court system highly favors such settlements. So the judge (who probably signaled DOJ to settle this) is almost certain to accept the plea agreement leniency-1st 8 levels have a 0-6 month sentence, so prosecutor apparently is required to ask for probation if the judge determines level 1-8 is the proper offense level for the "promo". Say judge says level 10-plea requires reducing it by 2 levels to level 8 and then plea requires prosecutor to ask for lowest level in the range-which would be probation.
the promo never played out-there was buying by the govt on one day only, which had little impact short term and no impact beyond a couple days, so the pps never moved anywhere near the pps where CWRN was going to issue shares, so CWRN never had the opportunity to issue shares, so there were no ill gotten gains-unlike those raiding cwrn w an intent to defraud longs.
The only difference anybody here has been able to see between the "promo" and hundreds of other penny stock promos is that Bob paid the supposed promoter or his agent directly $3000? for the "promo"rather than operating thru a 3rd party as most promos do.
Note-non regulatory OTC allows promos if "current" classification but not if the next "limited info" class as CWRN was until 2010 or "no info" class as CWRN was as of the March 2010 "promo".
CWRN was 1 of only 2 of 8 companies on the cattle drive complaint where sec did not ask for any officer to step down-
So whats being negotiated? there are no ill gotten gains as pps never got anywhere near where CWRN was going to issue shares.
possible pennystock bar-but companies like CWRN w substantial income have no need to dilute and CWRN has not diluted since 2010 as per Nov 17 2011 PR and have said they wont-as can be seen from the millions of dollars in equipment purchases-all other juniors anywhere near this pps are diluting because they have no income.
so merely imo comes down to negotiating a fine and a language to follow the regs in the future and pennystock selling probation? Countless Big Boys have done far worse and actually defrauded millions but as per the author of Predator Nation on Charlie Rose show none of them have even been charged (I later saw 1 charged for something -something unusual I guess) and "they wont be" "because of their political and legal clout "-so its an unequal application of the law on that count,plus as 7-10-11, Max, Rocket and others have repeatedly pointed out they dont go after demoters-those who actually defraud longs by fraudulently attacking stocks e.g on behalf of naked shorting clients and depressing pps- another unconstitutional unequal application of the law 14th amendment violation-money talks.
Now that Bao is out in the open as per last 2 PR's and most of the ore Bao paid for before shipping shipped June 12, hopefully this sec settlement is the last thing that must be done before uplisting to OTCQB on OTCBB,as per May 26,2011 PR.
