Livewire Ergogenics Inc (LVVV)

[Jason Coombs]

You can slice the facts of the case in that way if you prefer, as clearly you do, but it would be my testimony that trades placed while in possession of the material non-public information are presumed to be "based upon" that information unless, as you say, there is some affirmative defense such as prior arrangement to execute said trading strategy.

In any event, you are correct that it is up to the courts to decide. Hopefully in this case we'll see in the future at least an administrative court doing just that because I think it's warranted, despite how much I like and respect you.