posted
cool. Was starting to think I was alone on this. Should get a nice string of news and more info of uplisting before the meeting. Invester... you still in this one?
-------------------- All post are my opinion. Do your own DD. Who's clicking your buy/sell button!? Posts: 7800 | From: Virginia | Registered: May 2006
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posted
sticking with the good and the bad. They better have some REAL good food at the shareholder meeting. LOL new lows to come IMO. good to have a heads up like this instead of slamming them later. Should see fins soon. hopefully in the green. still a good prospect for Jan. http://biz.yahoo.com/iw/061019/0174628.html
-------------------- All post are my opinion. Do your own DD. Who's clicking your buy/sell button!? Posts: 7800 | From: Virginia | Registered: May 2006
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posted
Looks primed for a bounce. If you can get in and out, it also looks like a daytradcers dream!
-------------------- "Sometimes I lie awake at night, and ask, 'Where have I gone wrong?' Then a voice says to me, 'This is going to take more than one night.'" - Charlie Brown (Charles Shultz) Posts: 719 | From: Leesburg, VA | Registered: Jul 2005
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posted
rode bounces from .0008 and .0005 to .001. slow low volume but has been an easy flipper if you like being on the edge. 120 days only lasts 120 days. Still have my spin off and nothing in the mail or otherwise from billy ray.
click on search cases, enter 2005-00061, then click on xcel's case #, should load the case file then click on documents.
imo
(1) By October 1, 2007, the Defendants will repay all of the remaining investors. -------- recall the spinoff by mail or through our brokers? we would have to send our still worthless un-named shares back or if we don't they will disappear?? not sure how that will work yet.
If it is determined that investors have not been repaid accordingly, the Hearing Examiner will recommend that the Commission enter a judgment against Smith in the amount of three hundred ten thousand dollars ($310,000) and against Xcelplus in the amount of four hundred thirty-two thousand five hundred dollars ($432,500), the amounts from the original Settlement Order in this case. The amount of one hundred eighty-two dollars and nineteen cents ($182.19) was withheld from Smith's tax return, so anyjudgrnent against Smith would be decreased by that amount.
(2) The Defendants will submit monthly reports to the Division, in care of Bill Ward detailing the progress the Defendants are making with respect to repaying the investors. These reports will be due the 1st of each month. ------ Will they file a document showing the progress? If anyone gets contacted please post the method used. Thanks in advance.
(3) Xcelplus will agree not to sell securities unless they are properly registered or exempt from registration. Any general solicitation (including but not limited to email, web postings, press releases, phone calls, or US mail) will immediately negate the exemption that it appears the Defendants were trying to use.----- no spam mail fax bs or fluff pr's imo
Xcelplus will hire a licensed broker dealer or get another individual licensed as an agent of the issuer in order to sell securities of Xcelplus or any other businesses the Defendants may start or become involved with.
(4) Smith agrees to a permanent injunction from participating in the securities industry in any capacity. --- Where will Bill go next? and because of this will xcel stay public under someone else?
(5) The Defendants will stipulate that they have not made the rescission payments pursuant to the original settlement agreement and agree that attendance by witnesses will be unnecessary to establish that they received, accepted, or failed to receive the appropriate rescission amount from Smith or Xcelplus. _--- this is from the original recission imo.
....As a proposal to settle all matters arising from the allegations in the Rule, the Defendants have made an offer of settlement to the Commission, wherein the Defendants will abide by and comply with the following terms and undertakings : (1) By October 1, 2007, the Defendants will repay all of the remaining investors pursuant to the original rescission offer. The Commission will order that the Hearing Examiner convene a hearing on October 5, 2007 at 10:00 am in the courtrooms of on the second floor of the Tyler Building, to determine whether the investors have been repaid in accordance with the rescission offer. If it is determined that investors have not been repaid accordingly, the Hearing Examiner will recommend that the Commission enter a judgment against Smith in the amount of three hundred ten thousand dollars ($310,000) and against Xcelplus in the amount of four hundred thirty-two thousand five hundred dollars ($432,500), the amounts from the original Settlement Order in this case. The amount of one hundred eighty-two dollars and nineteen cents ($182.19) was withheld from Smith's tax return, so anyjudgrnent against Smith would be decreased by that amount. (2) The Defendants will submit monthly reports to the Division, in care of Bill Ward, detailing the progress the Defendants are making with respect to repaying the investors . These reports will be due the I st of each month. (3) Xcelplus will agree not to sell securities unless they are properly registered or exempt from registration. Any general solicitation (including but not limited to email, web postings, press releases, phone calls, or US mail) will immediately negate the exemption that it appears the Defendants were trying to use. Xcelplus will hire a licensed broker dealer or get another individual licensed as an agent of the issuer in order to sell securities of Xcelplus or any other businesses the Defendants may start or become involved with. (4) Smith agrees to a permanent injunction from participating in the securities industry in any capacity. (5) The Defendants will stipulate that they have not made the rescission payments pursuant to the original settlement agreement and agree that attendance by witnesses will be unnecessary to establish that they received, accepted, or failed to receive the appropriate rescission amount from Smith or Xcelplus. The Division has recommended that the Commission accept the offer of settlement of the Defendants pursuant to the authority granted the Commission in § 12.1-15 of the Code of Vi The Commission, having considered the record herein, the offer of settlement of the Defendants, and the recommendation of the Division, is of the opinion that the Defendants' offer should be accepted. IT IS THEREFORE ORDERED THAT: (1) The offer of the Defendants in settlement of the matter set forth herein be, and it is hereby, accepted; (2) The Defendants will fully comply with the aforesaid terms and undertakings of this settlement; and (3) The Hearing Examiner shall convene a hearing on October 5, 2007 at 10:00 am in the courtrooms of on the second floor of the Tyler Building, to determine whether the investors have been repaid in accordance with the rescission offer; and (4) The Commission shall retain jurisdiction in this matter for all purposes, including the institution of a show cause proceeding, or taking such other action it deems appropriate, on account of the Defendants' failure to comply with the terms and undertakings of the settlement . AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to : Billy Ray Smith, President, Xcelplus International, hie., 5041 General Puller Highway, Saluda, Virginia 23149; and the Commissioes Office of General Counsel and the Division of Securities and Retail Franchising. ....... http://docket.scc.state.va.us:8080/CyberDocs/Libraries/Default_Library/Common/fr ameviewdsp.asp?doc=7....
-------------------- All post are my opinion. Do your own DD. Who's clicking your buy/sell button!? Posts: 7800 | From: Virginia | Registered: May 2006
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