Originally Posted by analogdog Beaches described the PACER documents accurately on SPR.
The paper RPH signed with the SEC Monday was the same piece of paper offered to RPH prior to the SEC filing the complaint.
In a nut shell... it is a piece of paper that states that Rufus and the company (why MIKE A. also signed now), that stated that they would not violate any SEC laws. EXACT SAME ONE offered to Rufus outside of court.
He did not have representation at that time... plus he said MAKE IT FORMAL.. which in my world means, "SUE ME".
SEC files suit and paints Rufus as the ultimate lawbreaker and it's all fraud, kill the company with this TRO in place. 2 points.
Rufus appears in court without representation and a cowboy hat. Oh.. and the documents, contracts and bank accounts.. (some of which is on Georgia site) also get into the judges hands.
He looks at them, makes some comments, then confirms that the SEC did not attempt to dispute any of that material. Rufus asks that this sensitive info be sealed from public view. Has any company showed the public it's account and routing #'s? NO.
Judge tells Rufus to remove his cowboy hat, get a lawyer cuz he can't represent himself, and that it's "not a kangaroo court."
The company asks to move the hearing up from the 20 day recommendation to hurry up the process. The judge agrees to "expedite" the case and tells the SEC that this looks pretty straight forward and that they should be able to get it done in 10 days.... so see you then SEC... show this stuff to be false. Hence the hearing Nov. 7.
Overnight the judge reviews the material and dismisses the TRO: must have been impressed by something.
Over the week.. Euroclear and Banco De Venez. depositions take place (as well as multiple calls to the Federal Judge from higher ups, other political pressure). The company feels that the SEC will keep on coming, reinforced after they obtained counsel, that Rufus step down from the helm cuz trouble is coming... plus the "defense needs to become an offense." CSHD can't be bogged down by this... they need to be making us money. Mike A. is entrusted to be CEO... keep on truckin'!
Uh oh... the hearing is pending and it's looking like Euroclear and el Banco are checking out... if we go to trial there may be a judgement that makes us look pretty foolish due to the harshness of the allegations we put out... plus the phone calls.. good God the phone calls! We won't look too good... and by the way we still think Rufus is trying to pull something. What do we do?
SEC sits down with Rufus and Mike A. ... and their attorneys, and says, "with the current information we have and the questions still looming... we will let you operate if you just sign the original document we offered you." (see above).
Rufus reviews this with the attorneys and they all agree that signing this piece of paper is no different than the S & O document that they have already signed at the beginning of this, in fact... it's much simpler. The lawyers say sign this and get to business cuz the whole thing is put to rest when you hypothecate that bond and the cash is in your Lloyd's account. If we go to court... they will grab onto any particular violation you have made. Take their advice and clean up the 8k/10k's. Let the SEC continue to be suspicious, and they can check us out all they want. Hypothecation gives us a slam dunk... case closed in the public eye.
SEC gets the paperwork signed, hearing cancelled... yet the SEC has to appear in judge's chambers to give the agreement. SEC appears outside chambers mumbling to themselves... "he did somethin'.. just can't put a finger on it."
DONE... for now?
Mike A. goes to Europe to establish his Euroclear acceptance as Rufus has been removed, and they only know them as the contact. Papers to sign and all. Shake some hands... head to Lloyd's of London to get ready for a Euroclear transfer from Panama. Remember... "Mike A. has to travel to establish bank and financial contacts."
Euroclear transfer, cash in account, SEC goes away for good from CSHD.... still pissed though so they go after Mr. Harris.
Did I connect the dots?
dog
-------------------- Got CSHD? Its fun Posts: 766 | From: Washington, DC | Registered: Sep 2006
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quote:Originally posted by new2stocks: I think we have all had our moments of break down over this stock....I say if you're not comfy with it, then sell. Otherwise, just sit back and go with it and don't complain.
sell NOW? thats stupid...at this point all anyone could do is hold.. and hope...i too expect a surprise becaus ein the past this stock would do amazing things....
Posts: 3086 | From: miami | Registered: Nov 2005
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how big was the transaction that just went through?
edit: thanks trade...I just opened my trade window to watched what this doc out in the open does and saw the huge volume spike...missed the trades though...
Posts: 2024 | From: New Orleans, LA | Registered: Apr 2006
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posted
From wiki -- "Rule 52 provides procedure for the judge to hand down findings and conclusions following non-jury trials."
Posts: 276 | Registered: Nov 2006
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That's it that is all they signed? This is nothing... What the he ll is the SEC doing? Seems they can do nothing...because they have nothing... OMG..this is more of a joke than I thought! F~it... I have more buy orders in...and they are staying for now... C'mon SEC? you want to protect "us shareholders"? Do not call something a scam...suspend the trading...find nothing...let the trading resume...on the greys and say..well sign this, don't break the law and give us the right to keep looking! WTF!?
quote:Originally posted by frank021474: From Phil at HSM:
#6974 phil HSM Addict
Join Date: Mar 2006 Posts: 8,469 CONSENT OF DEFENDANT RUFUS PAUL HARRIS 1 . Defendant Rufus Paul Harris ("Defendant" or "Harris") acknowledges service of a summons and the complaint in this action, enters a general appearance, and admits the Court's jurisdiction over Defendant and over the subject matter of this action. 2. Without admitting or denying the allegations of the complaint (except as to personal and subject matter jurisdiction, which Defendant admits), Defendant hereby consents to the entry of the Order Imposing Preliminary Injunction and Other Relief (the "{hdee"'), incorporated by reference herein, which, among other things: 2 (a) restrains and enjoins Defendant from violating Section i 0(b ) of the Securities Exchange Act of 1934 [15 U.S.C . § 78j(b)] and Rule I Ob-5 thereunder, (h) restrains and enjoins Defendant from violating Exchange Act Rule I3a-14 [17 C.F.R § 240.13a-14], (c) restrains and enjoins Defendant from aiding and abetting violations of Section 13(a) of the Exchange Act [15 J .S.C . § 78m(a)] and Rules 12b-20, I3a-1 and 13a-11 promulgated thereunder [ 1? C.F.R. §§ 24Q. lOb-S, 240.12b-20, 244.1 3a-1 and 240.13a-I 11; and (b) orders Defendant to preserve documents and provides for expedited discovery. 3. Defendant waives the entry of findings of fact and conclusions of law pursuant to Rule 52 of the Federal Rules of Civil Procedure . 4. Defendant enters into this Consent voluntarily and represent that no threats, offers, promises, or inducements of any kind have been made by the Commission or any member, officer, employee, agent, or representative of the Commission to induce Defendant to enter into this Consent . 5. Defendant agrees that this Consent shall be incorporated into the Order with the same force and effect as if fully set forth therein. 6. Defendant will not oppose the enforcement of the Order on the ground, if any exists, that it fails to comply with Rule. 65(d) of the Federal Rules of Civil Procedure, and hereby waive any objection based thereon . 7. Defendant waives serv ice of the order and agrees that entry of the Order by the Court and filing with the Clerk of the Court will constitute notice to Defendant of its terms and conditions. Defendant further agrees to provide counsel for the Commission, within thirty days after the Order is filed with the Clerk of the Court, with an affidavit or declaration stating that Defendant has received and read a copy of the Order. 8. Defendant agrees that the Commission may present the Order to the Court for signature and entrywithout further notice. 9. Defendant agrees that this Court shall retain jurisdiction over this matter for the purpose of enforcing the terms of the Order and imposing further relief. ~ Dated: Monday, November ( 6, 20(? ~ 03tKs Rufus ul Harris On AI/, D 6 _, 2006, Rufus Paul Harris, a person known to me, personally appeared before me and acknowledged executing the foregoing consent.
-------------------- #1 Rule: Protect your capital! #2 Rule: Never fall for the BS on the boards! Posts: 8890 | Registered: Jan 2006
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posted
That is the consent that RPH signed waiving the hearing and granting all the relief to the SEC that it could legally have.
Now the copany must file a motion to dismiss and show cause as to why or file a motion to answer all the allegations made by the SEC. If the company soes not do either in an expedited fashion, the SEC can file a default agreement and the judge can rule.
Posts: 276 | Registered: Nov 2006
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what i dont understand is that if we are deciding the price..and so many people allegedly have gtc for all their shares should this trade up....whos deciding the price now?
Posts: 3086 | From: miami | Registered: Nov 2005
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They have 30 days to ask for data, and Rufus has to comply within 3 days to provide what they ask for, if it exists. Rufus already signed the compliance agreement to provide them info.
-------------------- Got CSHD? Its fun Posts: 766 | From: Washington, DC | Registered: Sep 2006
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posted
Well, my peeps, looking at Dog's views, & that stupidly simple paper that was signed, I'd say we ought to thank the SEC, yes, thank the SEC for letting us get more shares this cheap!!!
Put in your buy orders ladies & gents...this things about to POP!!!
This grape kool-aid is quenching my thirst sooo well!!!
Thanks Alana, thanks Bill, you have no clue what you've done!!! -and I mean that!!!
AAAHHH- it feels so good to be in this place again...
-------------------- ..just remember....Family is EVERYTHING!! Posts: 3944 | From: Rochester, NY | Registered: Sep 2006
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quote:Originally posted by 10of13: Read the TRO? It doesn't matter if it is still in force or not...it simply says to not break the law...there really is nothing else in it...
quote:Originally posted by wv1973: The TRO has not been dismissed -- it's still in force.
Read the TRO as requested and the TRO as granted...they are different...VERY different.
-------------------- - "Pay it Forward" Posts: 1524 | Registered: Jun 2006
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Then they need to get the ball movin' and get it over with...hopefully the hold off is the trip that MA is making to Europe and getting all transfered to his name instead of Rufus's...then he can come back and close this court case...
quote:Originally posted by wv1973: That is the consent that RPH signed waiving the hearing and granting all the relief to the SEC that it could legally have.
Now the copany must file a motion to dismiss and show cause as to why or file a motion to answer all the allegations made by the SEC. If the company soes not do either in an expedited fashion, the SEC can file a default agreement and the judge can rule.
-------------------- #1 Rule: Protect your capital! #2 Rule: Never fall for the BS on the boards! Posts: 8890 | Registered: Jan 2006
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posted
You are right frank, the ball is in the company's court. I just for the life of me can't understand speaking on SPR when you stand the risk of violating the TRO unintentionally.
Posts: 276 | Registered: Nov 2006
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I know we can call in our orders but anyones thoughts on when we can buy and sell on our own with this stock??...I have scottrade
Posts: 741 | From: North Carolina | Registered: Feb 2006
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when is the 10q due? i will shoot myself if they file for an extension!!!! #$%&!
Posts: 3086 | From: miami | Registered: Nov 2005
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quote:Originally posted by 10of13: Read the TRO? It doesn't matter if it is still in force or not...it simply says to not break the law...there really is nothing else in it...
quote:Originally posted by wv1973: The TRO has not been dismissed -- it's still in force.
Read the TRO as requested and the TRO as granted...they are different...VERY different.
-------------------- #1 Rule: Protect your capital! #2 Rule: Never fall for the BS on the boards! Posts: 8890 | Registered: Jan 2006
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quote:Originally posted by wv1973: You are right frank, the ball is in the company's court. I just for the life of me can't understand speaking on SPR when you stand the risk of violating the TRO unintentionally.
He is not the CEO anymore therefore when he speaks about the company in public it's as if you or I are speaking...It's just his "opinion".
-------------------- ..just remember....Family is EVERYTHING!! Posts: 3944 | From: Rochester, NY | Registered: Sep 2006
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quote:Originally posted by new2stocks: I think we have all had our moments of break down over this stock....I say if you're not comfy with it, then sell. Otherwise, just sit back and go with it and don't complain.
sell NOW? thats stupid...at this point all anyone could do is hold.. and hope...i too expect a surprise becaus ein the past this stock would do amazing things....
Some people did sell when we started trading again because they were not comfortable with the situation....Maybe with their original buy in position(FHAL days) they had already trippled their money if not more....I don't see them stressing out now like some of us have been in the last few days. I don't think it's stupid to sell if you are making money while doing it. MO FWIW
Posts: 1453 | From: Wisconsin | Registered: Jul 2006
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Port -- you are correct. The consent order includes everything from the 10/24 filing and much more to the liking of the SEC
Posts: 276 | Registered: Nov 2006
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It is due the 15th... Question I am having is if the even HAVE to file...I am going to ASSUME that they will and I think that will clarify so much for all of us!
quote:Originally posted by trade04: when is the 10q due? i will shoot myself if they file for an extension!!!! #$%&!
-------------------- #1 Rule: Protect your capital! #2 Rule: Never fall for the BS on the boards! Posts: 8890 | Registered: Jan 2006
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Interesting call there asurfer. Should I be worried about these black copters outside my building .
BTW, I'm pretty sure Mike isn't going to Italy to see Romeo, but I would think Romeo might be going with him.
Posts: 1028 | From: Georgia | Registered: Jul 2005
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posted
Jenna -- the company signed the same agreement, according to the SEC. Besides, many still quote him like he still is a part of the company.
Posts: 276 | Registered: Nov 2006
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