Then the Defendant was correct and Kyle should apologize, along with dozens of posters.. Mary said, they had no such agreement, and the FBAR has to follow Florida statues. So to answer your "what if" question, if the agreement was verbal then an agreement doesn't exist.
Now what has to be proven is what the Defendant posted was false. If they can't prove it then they need to "man up" and drop the case. The burden is SFRX's, not the Amazing Blogger and Bug Dudes'.
Florida statues are clear. But don't forget, part of what the Amazing Blogger and Bug Dude was responding to was claims by the Ad Agency that they could recover treasure. There were claims of "treasure on deck within 30 days" and other BS.
Now pay close attention. Let's go slow so no one gets lost. From Florida Chapter 31, which you might want to let Kyle know he should read.
(
“Exploration Permit” means the form of permission issued in accordance with this chapter to search for historic shipwreck sites on state-owned sovereignty submerged lands.
(9) “Recovery Permit” means the form of permission issued in accordance with this chapter to recover archaeological materials from a historic shipwreck site on state-owned sovereignty submerged lands.
1A-31.0062 Types of Permit.
(1) The division may issue two types of permits:
(a) An exploration permit allows the permittee to collect remote sensing and visual information on potential historic shipwreck sites without excavation or bottom disturbance. The exploration permit may be modified in writing at a later stage to allow such disturbance and excavation for purposes of attempting to determine the presence or absence and the nature of potential historic shipwreck sites. The number, location, extent and type of such test excavations shall be specified in the permit modification.
(b) A recovery permit may be issued only after the existence and nature of a historic shipwreck site has been documented by exploration permit activities and mutually agreed upon by the division and the permittee. A recovery permit allows the permittee to conduct more extensive excavations and recover archaeological materials, and allows for the transfer of title to the permittee of objects recovered, per Rule 1A-31.090, F.A.C. The number, location, extent and type of such excavation and recovery operations shall be specified in the permit.
(2) The division shall not issue multiple permits for any active permit area or historic shipwreck site that is within an active permit area.
https://www.flrules.org/gateway/ChapterHome.a...pter=1A-31
Plus, the permit signed by Kyle said they have NO GUARANTEE of a recovery permit.
See item 14 here:
https://www.scribd.com/doc/298727048/2014-07-...t-EXECUTED
14. Issuance of this permit does not convey any rights to any future permits....
You got the split right, but look at the statue closer.
1A-31.090 Transfer of Archaeological Materials, Title to Archaeological Materials Conveyed.
The division may transfer archaeological materials to which it holds title to the permittee in consideration of recovery services provided to the state under the terms of a recovery permit . Specific provisions for transfer of archaeological materials will be specified in each recovery permit .
(1) The division will ensure that materials are transferred so that the permittee receives approximately 80% of recovered archaeological materials, with the division retaining approximately 20% of recovered archaeological materials;
(2) Distribution of the recovered archaeological materials will be negotiated by the division and the permittee based on the historical value of recovered materials;
(3) Current holdings in the division collection shall be considered in the distribution of recovered archaeological materials;
(4) Artifacts recovered under an Exploration Permit for the same area or historic shipwreck site will be included in the pool of artifacts considered for transfer to the permittee, per subsection 1A-31.065(1), F.A.C.; and
(5) Each transfer of archaeological materials will include a written statement from the division to the permittee conveying title to the transferred materials.
Why should I ask? A poster here said he CONFIRMED it with the unnamed archaeologist. Sinclair has to tell the story of what happened, if you will, when the ship went down. It's should be included in his research design.
If shareholders don't want Sinclair to know, then is it my responsibility to inform him? I simply asked about it. But the claim has been made ALL my questions were answered.
No, but I will remind everyone that finding treasure doesn't mean they get to keep it. Look at GME. I know it's not treasure but they still have to get a recovery permit in order to bring up what they've found. Plus Mary said as much in her deposition.
Do you think Kyle should apologize and drop the case even if the agreement was "verbal" and under Florida law, not valid under your hypothetical?
If not, why?
Remember, the Defendant defending Kyle until 8-8-14. He thought the pump and dump was only by the Ad Agency. Then he realized Kyle was in on it. No one wants to admit they're wrong and he didn't want to believe Kyle was involved. But the 8-11-14 PR was the kicker. It was in fact......FALSE.
As was the 10Q filed a few days later when they claimed they obtained a recovery permit.
Quote:What if the agreement was verbal instead of written? How is that suppose to be proven?
Now what has to be proven is what the Defendant posted was false. If they can't prove it then they need to "man up" and drop the case. The burden is SFRX's, not the Amazing Blogger and Bug Dudes'.
Florida statues are clear. But don't forget, part of what the Amazing Blogger and Bug Dude was responding to was claims by the Ad Agency that they could recover treasure. There were claims of "treasure on deck within 30 days" and other BS.
Now pay close attention. Let's go slow so no one gets lost. From Florida Chapter 31, which you might want to let Kyle know he should read.
(
“Exploration Permit” means the form of permission issued in accordance with this chapter to search for historic shipwreck sites on state-owned sovereignty submerged lands. (9) “Recovery Permit” means the form of permission issued in accordance with this chapter to recover archaeological materials from a historic shipwreck site on state-owned sovereignty submerged lands.
1A-31.0062 Types of Permit.
(1) The division may issue two types of permits:
(a) An exploration permit allows the permittee to collect remote sensing and visual information on potential historic shipwreck sites without excavation or bottom disturbance. The exploration permit may be modified in writing at a later stage to allow such disturbance and excavation for purposes of attempting to determine the presence or absence and the nature of potential historic shipwreck sites. The number, location, extent and type of such test excavations shall be specified in the permit modification.
(b) A recovery permit may be issued only after the existence and nature of a historic shipwreck site has been documented by exploration permit activities and mutually agreed upon by the division and the permittee. A recovery permit allows the permittee to conduct more extensive excavations and recover archaeological materials, and allows for the transfer of title to the permittee of objects recovered, per Rule 1A-31.090, F.A.C. The number, location, extent and type of such excavation and recovery operations shall be specified in the permit.
(2) The division shall not issue multiple permits for any active permit area or historic shipwreck site that is within an active permit area.
https://www.flrules.org/gateway/ChapterHome.a...pter=1A-31
Plus, the permit signed by Kyle said they have NO GUARANTEE of a recovery permit.
See item 14 here:
https://www.scribd.com/doc/298727048/2014-07-...t-EXECUTED
14. Issuance of this permit does not convey any rights to any future permits....
You got the split right, but look at the statue closer.
Quote:As I understand it and others have commented, this is the standard public/private agreement split when working with the state of Florida in this manner. The state takes the 20% they want off the top, the private entity (SFRX) keeps the remaining 80%. I'm sure this could be verified with a call to FBAR.
1A-31.090 Transfer of Archaeological Materials, Title to Archaeological Materials Conveyed.
The division may transfer archaeological materials to which it holds title to the permittee in consideration of recovery services provided to the state under the terms of a recovery permit . Specific provisions for transfer of archaeological materials will be specified in each recovery permit .
(1) The division will ensure that materials are transferred so that the permittee receives approximately 80% of recovered archaeological materials, with the division retaining approximately 20% of recovered archaeological materials;
(2) Distribution of the recovered archaeological materials will be negotiated by the division and the permittee based on the historical value of recovered materials;
(3) Current holdings in the division collection shall be considered in the distribution of recovered archaeological materials;
(4) Artifacts recovered under an Exploration Permit for the same area or historic shipwreck site will be included in the pool of artifacts considered for transfer to the permittee, per subsection 1A-31.065(1), F.A.C.; and
(5) Each transfer of archaeological materials will include a written statement from the division to the permittee conveying title to the transferred materials.
Quote:Have you tried asking their OTHER archeologist? You keep steadfastly and proudly declaring that it's not one of them but never inquire or even consider that there might be another one?
Why should I ask? A poster here said he CONFIRMED it with the unnamed archaeologist. Sinclair has to tell the story of what happened, if you will, when the ship went down. It's should be included in his research design.
If shareholders don't want Sinclair to know, then is it my responsibility to inform him? I simply asked about it. But the claim has been made ALL my questions were answered.
Quote:I do wonder what will happen to you once SFRX does find treasure. Not a little, but a lot. Again and again treasure is found, PRs are coming out left and right, stock price is skyrocketing, shareholders are celebrating.... Will you still be here banging your head against the wall complaining about emails from Mary, Huffman not properly inviting you to call Kyle a liar to his face, words spelled with a "k", 80/20 split, 3 item agreement ("show me proof!, got a link?" ) and how the very thing you do all day long can not possibly affect the price of a penny stock even though that is your stated purpose of being here (to harm Huffman vicariously through SFRX)?
No, but I will remind everyone that finding treasure doesn't mean they get to keep it. Look at GME. I know it's not treasure but they still have to get a recovery permit in order to bring up what they've found. Plus Mary said as much in her deposition.
Do you think Kyle should apologize and drop the case even if the agreement was "verbal" and under Florida law, not valid under your hypothetical?
If not, why?
Remember, the Defendant defending Kyle until 8-8-14. He thought the pump and dump was only by the Ad Agency. Then he realized Kyle was in on it. No one wants to admit they're wrong and he didn't want to believe Kyle was involved. But the 8-11-14 PR was the kicker. It was in fact......FALSE.
As was the 10Q filed a few days later when they claimed they obtained a recovery permit.
