Have you read his disclaimer section on the financial reports? He's been pretty through about warning that the company might not be successful.
Thing is, he has to have given it an honest effort. That's why I think that the consultant with be the best witness. He should know whether they put any real effort into it and whether or not they had any offers.
It's not like they were trying to sell some crazy product that nobody wants. Cheap electricity should have been incredibly easy to sell.
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