There is no specific language to that effect. when I post I don,t always look up the specific wording of my references, but my point remains the same. `This is supposed to be a diiscussion like we were sitting around a coffee table. Both statements are similar regarding issues. The Court Order says more or less for the defendants not to talk ab out JBI. Quite harmless. The SEC settlement says "consent to the entry of orders enjoining them from future violations of certain provisions of the federal securities laws ...", so more or less don't commit fraud in the future.
The attitude of this board shows its clear bias. In one case the board says that the offence (defamation) must have occurred, when the Judgement did not say that. Nowhere near it. The SEC Setttlement is similar. It does not say that fraud occurred. This board asserts that therefore fraud did not take place.
I think personally that no Judge is going to waste their time hearing a case involving the internet. This probably lasted 5 minutes. The Judgement more or less says "children..stop it.".
In the case of the SEC Settlement there was a monetary settlement, unlike the defamation case. That means something. And JB stepped down as an officer, which satisfied part of the settlement. To me both of those things acknowledge that something, either an accounting misstatement or fraud, occurred.
There were some posts some time back about the Nortel executives who were cleared of all charges after a criminal trial in Ontario. Those guys were facing 10-year prison terms if found guilty. I think it took incredible courage for them to do what they did. Most people would not fight a traffic ticket. Too risky.These guys must have beleived in themselves and put their reputations and futures on the line in a case that could have gone either way. In comparison, JBI settled. Settlement makes sense, especially in a civil matter, but if JBI really believed they were in the right completely, they would have no reason to settle.
Having read both sides of the SEC Case, I think tha the JBI side had some clear weaknesses and they would have had a larger Judgement against them in court, plus court costs (for both sides).
