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Re: investor_61 post# 40290

Friday, 12/23/2016 11:46:08 AM

Friday, December 23, 2016 11:46:08 AM

Post# of 42929
There’s definitely something wrong with that "settlement" claim!


First of all, I gotta wonder why someone who’s so concerned about and involved with this company hasn’t contacted the SEC themselves?

Even though I’m not a shareholder in this company, I spent an hour on the phone this morning with someone at the SEC, discussing this and another Barton scam. I want to see that lying scumbag locked up!


Here’s what I was told about the purported SEC sanction/settlement:

The SEC does not disclose the event of a Wells Notice.
A Wells Notice does not mean charges were filed.

The SEC does not make investigations publicly available.

In order for there to have been a settlement, there would have had to have been formal charges brought first. There could be no settlement without charges.
IF there had been formal charges, there WOULD be public records available on the SEC website.
The lady looked through every database she could think of, and couldn’t find any records related to Kenneth Manzo, Kenneth Milford, or Manzo Pharmaceuticals.

The SEC does not dictate what a company does to someone who may have been found guilty of an SEC violation.
That would be a "contractual issue" within the company, and up to them to decide how the matter will be handled.
The SEC would not tell a company that the person must be reassigned, terminated or forced to resign.
If Manzo was allowed to leave with the patent, then the company allowed him to do so, not the SEC.
Shareholders could of course hire legal counsel to look into whether there truly was SEC action or not, and whether Manzo should have been allowed to take his patent with him.

In Dec. 2015 the company filed Form D, and afterward were operating under an exemption, meaning they no longer had to disclose information or comply with SEC rules.

Companies may use an exemption under Regulation D to offer and sell securities without having to register the offering with the SEC. When relying on such an exemption, companies must file what’s known as a "Form D" after they first sell their securities. Form D is a brief notice that includes basic information about the company and the offering, such as the names and addresses of the company’s executive officers, the size of the offering and the date of first sale.


https://www.sec.gov/answers/formd.htm

IMO that should have been a heads-up to investors to bail immediately!
Why would this company, seemingly on the verge of a tremendous product launch, want to suddenly stop filing?


I told her that even under Form D, the company had been releasing news and had reported the Wells Notice on otcmarkets.com.
She looked at the notice and found it concerning, since she had no record within the SEC of there having been charges filed.

I then gave her a short link to the letter from the company’s owner/president, but it wouldn’t load for her.
So I gave her the entire address, and it still wouldn’t load for her.
Then I gave her a Google search term where the letter was the first link, but she was unable to open the pdf - her browser gave a security alert.
She found that very suspicious and said that usually only happens when something isn’t right.

She gave me a case number and I saved the letter to a pdf and emailed it to the SEC as I was speaking with her. She said she would forward the information to an investigator for further review, because if the company is claiming a Wells Notice was issued and a settlement made, yet no charges were ever levied, then that may be fraud.



The squeaky wheel gets the grease, so the more complaints that are filed, the more likely the SEC will delve into this matter.
There certainly seems to be grounds for an investigation.


She suggested submitting complaints to both the SEC and the securities fraud board of whichever state she company is based in.
Be sure to include as much evidence as you can find - company letters, PRs etc.