re the dtc saga the important point on dtc freeze
Post# of 8054
the important point on dtc freeze SHOULD be- if justice were the goal- whether CWRN or cwrn stockholders did something wrong, since CWRN and CWRN holders are punished far more than the offending Oppenheimer broker -who just pays a fine and continues in business
-like issue an improper opinion letter-and since CWRN reportedly did not issue any such letters we cannot imagine where the restricted shares came from unless it was Casino Airlinks- previous entity which held the CWRN corp structure- which was HQ where the Oppenheimer Boca Raton Fl brokers office that received the stock in question was located-Openheimer has ca 115 offices -8 in florida -what are the odds that the offending broker was located where Casino Airlinks was located -so best theory we have
stockpromoters.com confirms no restricted stock was ever issued to cwrn stock promoter-only restricted stock cwrn reportedly ever issued was to family members held in cert form and never deposited anywhere, so it was not traded
only possible issuance that could've been restricted was a small ca 12-26-08 issue of $30000 and the long D form does not indicate it was restricted -and no evidence that cwrn isued an opinion letter sting it was free trading (if it were restricted)
nowhere does dtc show cwrn did anything wrong-broker did something wrong and dtc automatically, like a typical prosecutor on bad steroids, assumes every 1 of the 13 co's in the oppenheimer matter were complicit
it would be like the police taking your property way without any court proceedings- as per the constitution nobody can be deprived of life liberty or property without due process of law-re cwrn and us there was no due process -CWRN reportedly was not even notified after dtc- judge jury and executioner -handed down the sentence
there is the issue of fungibility, where dtc does not know where the restricted shares are in the pile of shares- thats why i publicly asked months back what identifying symbols of restriction exist on restricted certs - make them glow under black light or whatever -since I've never seen them or any representation of them to my memory-
but shares traded now likely CANNOT be traced to that stock june 2009,and even if could be wouldnt be fair to the innocent 3rd party purchaser who purchased such stock without knowledge to pay the price,let alone every long stockholder
similarly, there is always some counterfeit money in the usa money supply -but the govt does not cancel all money or shut down commerce
and theres nothing inherently wrong w restricted and or exempt stock -both are legal -just have to follow the rules -cwrn either never even issued any restricted except family members and or also never issued any opinion letters stating restricted stock was now free trading-thats where problems usually arise as dtc etc often disagree w opinion letters -because they haven an autocratic mindset that disagrees w due process -which is why public pressure from congress is now forcing them to issue a whitepaper detailing some due process procedures for the 1st time-but no due process-not even notice- was given to cwrn
anyway, its ridiculous for dtc to freeze based on only $8400 worth of stock improperly received by a broker june 2009 - the restricted stock is out there -[as in "oooh the issue is out there,call the police" as Billy Crystal said to Meg Ryan in "When Harry Met Sally")
when brokers and mm's issue a lot more than that with impunity on many stocks and dtc does not freeze those stocks, because brokers are reportedly their play pal buddies, as Sunny 1st discovered for us (thanks for that dd)
if dtc froze stocks based on every broker or mm illegal issue of naked shorts, probably 1000's more stocks would have to be frozen and brokers/ mm's issue a lot more than $8400 worth of illegal stock on most such stocks
Brad, never having been public before, is facing these bizarre no due process issues for 1st time-
and for attorneys its hard for them to understand,because what dtc has done violates every rule of due process the legal system teaches- normally you start w notice by opposing party and discovery-legal system no matter how fouled up does not hand down a sentence without 1st notifying the other party and going thru due process, so this dtc stuff is more crazy than the legal system-and I didnt think that was possible!!!! its shudder like a totalitarian regime!
like i said it would be like a grocery store buying from a buyer over 4 years ago, where the buyer had improper procedures and then having the police come and confiscate the groceries of everybody who recently bought or is holding groceries from that grocery store