Quote:
Originally Posted by Larry Legend
As expected it's the Saudis.
Seems like the letter today should cover his ass enough.
I disagree. He made false material statements - "The only thing in question is shareholder vote". That's an entirely false statement that adds on to his "secured". He contradicts that entirely in his letter, where the Saudis are claimed to be very interested but want far more details and have to work out a range of things including financing, legal, etc (foreign ownership laws, for example). There is nothing binding or even worked out. "Funding secured" and lack of further disclosure - combined with his second "The only thing in question is shareholder vote" are sufficient to make this stock fraud. You don't get to be that careless as a CEO - the standard is different.
Combined with the irregular/very incomplete nature of the disclosure, that's more than enough for civil lawsuits.
Enough for criminal charges? I don't know, the SEC would decide that. Ass seems half covered, I assumed he'd have something like this when he made the announcement - basically an expression of vague if strong interest.
Quote:
Originally Posted by chytry
The lawsuits are silly anyway. He said considering not taking.
Yeah, it doesn't work like that. CEO of $1 penny stock:
"Considering taking CRAP private for $30. Funding secured"
Stock soars. Turns out one shareholder had asked a few times and expressed interest in going private, but and no details have been worked out and he needs funding and approval from other parties. You really think this penny stock CEO isn't charged, and has his ass covered by "considering"?