Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.
Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.
The 2 notes were never converted, were settled at a heavily discounted price. Case closed.
DBMM has long-term investors , never another CD , the CE dropping and the future bright.
And the Management brought in people who are blue chip investors who do not carp as they have wide and deep portfolios. If they don’t like any aspect of the businesses in which they are investors, they move on. No time for nonsense.
That is the importance of real long-term investors who are in it to win it. And they do, just like MF!
CE coming down soon
Senate confirms two new SEC Commissioners
Looks like SEC finally has full 5 member board.
https://cooleypubco.com/2022/06/17/two-new-sec-commissioners-2/
Back to 10-years ago? It is really ridiculous to suggest the smarmy OTC gossip at the time should be known by all? Really? That was then, this is now and the future is bright.
It is a settled matter since June 2018 settled to the benefit of DBMM.
The future belongs to the shareholders and they have no interest.
At the time the CDs would have been paid off had the reaudit not occurred. DBMM managed a bad situation to the benefit of shareholders.
FYI-Selling unregistered shares is a correlated pattern of behavior to NSS. One does not preclude the other.
FYI- NSS don’t leave any evidence but a pattern of behavior unlike outed by regulators. If it was simple , it wouldn’t be a focus of the SEC in 2022.
Go DBMM!
Suggest reference Post 252613- read facts carefully.
REPEAT
1.Since 2016, less than 5% increase in OS.
2. No CDs since 2015
3. Long-term whales have no interest in shares in the OTC , want the Company on NASDAQ at significant valuation post growth and acquisition.
Shareholders have done their due diligence
Go DBMM!
1.The overreach of posting what is a SCOTUS legally vacated and essentially expunged doc ?when it was further ordered not to cite in any reference to case being adjudicated
And
2. An unauthorized and illegally obtained Motion from Curt Kramer while he was under an SEC Consent Decree signed the same week and never disclosed under discovery to the Civil Court Judge
DBMM got an ALJ Dismissal of the case because with new evidence it was abundantly clear to the Judge that the mitigating circumstances for the delayed filings were compellingly in favor of the Company.
The illegal attempt by CK to steal DBMM blew up as they thought an unauthorized PR would give them a great example to short and steal, not realizing DBMM knew about the Hope Capital case and Consent Decree. DBMM instead forced a settlement for far less than value of original litigation —35% less and closed the matter less than 1 month after filing Super 10-K.
All in MF brief. Too cute x 2, DBMM prevailed in both lame attempts to write a false narrative.
CE coming down and DBMM wins again. Weak arguments and illegal end runs lose over and over. Feed the beast.
Shares? Dilution? Just like revocation?? Let’s recapitulate: Since mid-2016 —6 yrs ago— less than 5% OS issued.
1. Long-term investors are whales, they are “white shoe” people with portfolios since 2017.
2. Painted as waiting and salivating to get shares as soon as CE drops.
3. So very sophisticated investors who want to collaborate with Company to grow, target an acquisition and qualify for NASDAQ, and who have already waited over 5 years funding the Company to get rid of the SEC overreach, will want to load up on shares at very depressed prices? Why didn’t they do that initially, they would have had them in hand ?
4.Because it does not make any sense. They are in for an exit or a buyout, way way in future.
5. These outrageous crystal ball stuff is laughable with no logic.
6. The right relationships have come together.
7. The long-term investors will win all their objectives, because they can.
Do not agree. A Judge is rarely overturned . Read the definition for judicial discretion. Especially when Dismissal was under mitigating circumstances which were proven to Corp Fin’s satisfaction, and the Company has spent hundreds of thousands of dollars remaining current and often filing early.
During the first year of a pandemic, SEC allowed wide latitude in filing deadlines, and even then, DBMM continued to file timely .
SEC would look ridiculous as Enforcement not only was sloppy, read MF last brief which they did not answer. DOE made speculative comments about the case never entered .
And it certainly wouldn’t be done in a non-financial case like this one. Example of a complete waste of taxpayer’s money, starting with the reaudits.
Keep eye on the 211.
A reality check is required with facts.
Particularly during recessions, private companies can be financed because all the monies potentially can go into the business. Little or no regulatory oversight so often privately financed. I have participated in those on several occasions. Very different landscape—apples and oranges. Conversely,
it is very expensive to maintain a public company . Between the SEC, transfer agent, accountant /CPA, Attorney(s), PR as required, and it goes on and on. Digital Clarity would have been on fast trajectory , as public costs had already been cooked in. Acquisition costs would have been paid off as in model, to only focus on growth.
Couple that with reaudits which cost a documented $150,000+ a year after the acquisition took place and financing in place post-10K being filed. Reaudit caused 10k to go behind 3-years of reaudit, the financing came through.
All documented to SEC, no wonder Judge Foelak dismissed the case!
Go DBMM.
The advisors as stated in Updates are “white shoe “ and came in as supporters as early as Oct 2017 to cure the delayed filings and liked DBMM’s “grit” and details of the mitigating circumstances which were substantive in favor of the Company. These are long-term supporters. Like me.
IMO, as Updates stated, these people remain and are substantial. As such, CE comes down and lots of events will occur concurrently because of access and means.
DBMM is hardly their first rodeo, nor are they one-trick ponies. Cliches are such because they are true. People with wide portfolios wait and watch.
Nonsense. A very well regarded Judge, understood the arguments made by MF, who had decades of proper arguments which win her cases, and Dismissed the case.
DBMM so ready with all the advisors who will take it forward, and ensure success from the CE coming down, to growth with no hurdles, all mitigating circumstances addressed.
Broaden horizons during the period. Blue chip companies could not raise money. Citicorp went to UAE since they could not raise money.
They were funded out of the Emirates. There were many more US situations where very substantial organizations had no access to capital.
That would be out of order to speak to other companies, and how would you even know who they were and the terms of those financial arrangements.
At one point Asher financed 665 companies . The SEC does not want specific lenders cited—ever. If in fact it is material and very large, both sides can agree to publicize. Not CDs , ask any lawyer.
The Company determined that it would not use a CD vehicle for capital infusion and so stated publicly since 2015. That was seven years ago and adhered to going forward.
The long-term investors identified came in to cure the delayed filings. They remain and will through support to growth and acquisition(s) and NASDAQ. Their wheelhouse as Updates have stated.
The debt modification which has taken place is to remove aged debt from the balance sheet at terms very attractive to the Company.
The Company has protected the shareholders going forward with the support and compliance shown . DBMM is here to stay and has the horsepower to do so.
CE Down soon. Stay tuned.
OTC Forums ? Are you kidding? Now that is laughable.
Washington Post, SEC PRs , WSJ , FINRA bad actor list are proper forums . They were not construed as ‘bad actors’ by FINRA until Mazuma, as no radio highlighted,
The Court Papers are clear. It was submitted in evidence by the Company as follows: The due diligence in proper forums like newspapers were not available until Nov 2013, WAPO and the SEC PR office in the Mazuma case as NoRadio has pointed out.
The ad nauseum 2 loans cited were from well before 2012 coincident with the acquisition and, at the end of the day, DBMM settled the case for far less because it leveraged the behavior which surfaced.
The Company without the reaudit would have paid the CDS off as terms allowed, as financing arranged post-10k following one year after acquisition. Canceled because of reaudits, certainly a mitigating circumstance.
The notes were canceled via settlement. For the zillionth time—no revisionist history allowed.
The Great Recession required use of hard lenders
The Hope Capital case is another factual example of a pattern of behavior by Kramer, and the network of companies operating in the OTC Space. But the point being made is:
Kramer and all companies precluded from seeking public company shares and stated no subsidiaries either.
For the first time in Oct 2016 CK signed a Consent Decree with the SEC, then signed a Turnover Motion to steal DBMM and did not advise the litigation judge as required.
Assume? You know what happens when a person assumes?
No radio citing other situations which cannot be ignored.
No assumption required, as their is factual documentation.
FACTS:
-Hope Capital case in which Kramer ordered not to seek shares in public companies or their subsidiaries and a Consent Decree signed with the SEC. Oct 2016
- PR on May 5,2017 saying Kramer /Asher taking over . Had not disclosed in litigation that was under Consent Decree, when Kramer signed Motion to Turnover . Set Company up to short. Typical pattern of behavior.
-AP filed May 17,2017 (timing coincidence with PR?)
-Once reaudit had to take place Asher litigated to do end run and steal company.
No assumption required. Facts.
https://www.sec.gov/litigation/admin/2016/33-10239.pdf
To suggest you know Kramer never did anything like short DBMM, as you agree was done to another company, “nine years” ago, is how?
It is impossible to prove a negative, so I say it is as possible to be true as it represented a pattern of behavior, so it is more likely to be true, than not. FYI—RICO brings charges on patterns of behavior.
Perfect circle. Kramer has shorted stock through all the serial companies formed in its network . On radio brought example, pay attention.
Read the Court Papers SCOTUS demanded entire previous case vacated.
So everything would be considered new, in the vernacular.
So. “…fabricated….?” Not hardly, and not even the OTP enforcement language suggests anything of the sort.
New evidence, which included some under Confidential Cover, meant that since in stated Testimony the costs of reaudit alone exceeded $150,000 and the Company would provide bank documents, checks and bank statements would document exact amounts and dates, the new investors came in to cure delayed filings. The proceeds were documented for an additional amount in the Court Documents and subsequently in audited Super 10K filing. Mitigating circumstances were also evidenced, not just cited.
Shareholders want facts because everything stated by the Company was evidenced.
And everyone knows, from Court Papers Judge Patil order was very early on in AP ,on Nov 19,2017 and vacated by SCOTUS in early Dec 2017. Note SCOTUS stated vacated docs could not be cited in anyway in the case going forward.Case began anew with all new evidence .
But more importantly, in Jan 2018 Judge Patil issued orders for Confidential Cover for financial info re Reaudit Costs and payments to Cure delayed filings. All were provided by Feb 2018. Patil was supportive on new basis. All evidence of mitigating circumstances provided.
In a word,Enforcement should have listened to the MF brief in March,2018 coincident with DBMM retaining her as Counsel. The SEC had encountered her at many hearings in the past where she has won for her clients . A serious professional force called “formidable.”
Go DBMM.
Observation: DBMM is the Brittany Griner of the OTC.
Wish fulfillment doesn’t work in real life. For me , I prefer to listen to the rational , analytic legal scholar , Judge Foelak. Dismissed!
The superseded and the vacated is indicative of revisionist history which by definition is false.
DBMM will prevail
Last hurdle after which DBMM will increase its valuation appreciably after CE drops.
Then increase after organic growth on and on as each gain shared in reviewed/ audited filings
Then increase in both which may well include an acquisition.
And the multiples follows as all mitigating circumstances addressed and concluded.
DBMM has grit!
More FACTS for the shareholders
1. DBMM case Dismissed by a very highly regarded ALJ Foelak.
2. DBMM has been fully compliant for years totally proving its contention and fulfilling the Gateway final test in reviewing late filings.
3. An NDA protects the broker’s product.
4. the 7 pages of a FINRA application is plain vanilla, however, that is why very few brokers will sponsor. Missed that point? Why would that be?
5. the market maker is required to have in depth information and has a highly elaborate due diligence process prior to an application as FINRA looks to them to be accountable for all material facts.
Facts - The Company has represented the shareholders even in very challenging times during which many other companies would have chosen to walk away as the issues were external. The Judge acknowledged those efforts in the Dismissal.
DBMM had the grit to fight, identified like-minded, long-term investors who very much support the value proposition and are with DBMM for a future with no CE and organic growth with an acquisition so growth will be on two fronts and exponential!
Go DBMM!
What happens to Robinhood, Schwab if SEC bans payment for order flow?
What would happen to brokerages like Robinhood (NASDAQ:HOOD), Charles Schwab (NYSE:SCHW), Morgan Stanley's (NYSE:MS) E*Trade, Webull, and Monex Group's (OTC:MNXBF) (OTCPK:MNXBY) TradeStation if the Securities and Exchange Commission decided to prohibit payment for order flow?
Read in Seeking Alpha: https://stocks.apple.com/A3G8fNJPFT8uTKRe0IDz9JQ
Citadel rears it’s head again as the largest market maker in the OTC.
The patterned behavior in the OTC market will be exposed as short selling transparency is reinforced by the SEC.
The comment that the Company would not have had the discussion about the SECMatter-to say nothing of the fact that it is public information— supports the fact that misinformation is not opinion , it is blatant falsehoods.
It had been stated in Updates that DBMM is being sponsored by a broker. Be aware that today very few brokers are willing to sponsor companies in the 211 process. It is an extremely laborious task and not worth the effort for a 30-day exclusive. I’m told years ago any broker would participate, today very few.
Sponsorship therefore is a choice and quite elitist in a word. The Updates also stated the Company is under an NDA. Let’s be real: if a brokerage’s decision makers agree to sponsorship, they surely do not expect the sponsored company to share private information. They retain the control and the information flow.
Good business requires nothing less. The Company has carefully selected its highly regarded strategic advisors and selected a blue chip approach. They have stated their long-term investors want the CE down, organic growth, another acquisition and NASDAQ. These people have shown they are willing to put their money where their month is.
REUTERS: Charles Schwab subsidiaries to pay $187 million to settle SEC charges
In an earlier post sharing a helicopter view of Chairman Gensler’s focus on SEC initiatives to encourage best practices and transparency, I cited algorithmic trading which will also include short selling tactics. This article shows an immediate impact on the retail market , e.g. Charles Schwab.
Charles Schwab subsidiaries to pay $187 million to settle SEC charges
The U.S. Securities and Exchange Commission (SEC) on Monday said it charged three Charles Schwab Corp investment adviser subsidiaries with failing to disclose less profitable fund allocations and misleading its robo-adviser clients.
Read in Reuters: https://stocks.apple.com/Au5wdlNpOQoaat8-JHCuDzg
No facts and no evidence
Repeat: The negative, not resuming trading, has not been proven as there is no comparable case.
A broker was identified to sponsor DBMM and apply to FINRA, following the direction of OTC Markets.
There are no fraud et al cases who could file a 211 as no broker would sponsor them. Trading cannot be resumed without a 211. Aristotelian logic!
DBMM is delivering , checked box by checked box,
No facts, no evidence and false statements do not make it so.
Also There has never been a Dismissal from an ALJ that Enforcement pushed a PFR. NONE
Complete misinformation Enforcement did not do their homework. Shareholders-please read MF brief and timeline from March 2021 as thr Company’s brief directed by the Commission . Enforcement didn’t even respond as they were flat out wrong on multiple items as the Company filed its Amendment following CF agreement. See MF's reply brief below.
https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.sec.gov/litigation/apdocuments/3-17990-2021-03-26-respondent-appellees-brief.pdf&ved=2ahUKEwi9stDyjKn4AhWaH0QIHZe4DNMQ6sMDegQIBRAC&usg=AOvVaw2HklwjxWzAYDRHTzlXfk6f
The PFR extracted were Enforcement’s, but inaccurate. They will be hoisted by their own petard.
Facts:
-Corp Fin is one of the four divisions of the Commission and they are the Policy Making division. They have a strict protocol for their comments, they have direct interaction with the Company, and they clear if appropriate by telling the Company to file its review email in EdGAR as if a filing.
-Instead Enforcement brought in their own Corp Fin people who never contacted the Company and never had anything filed in Edgar.
-The ICFR language was approved by Corp Fin and the Company filed an amendment to the Super 10-K and 2018 . Done and Dusted.
There is documentation and no way Enforcement just was confused. They missed the EdGAR correspondence and had no discussions with other ALJs who did not require Ws and cleared accordingly.
Stay tuned—hoisted by their own petard.
Court Filings and public information are facts cant ignore that information
The point of the post was the last note was over a year before the public info. The Court accepted it as evidence in the delayed filings case. Those are facts. As documented, the notes were a much discounted settlement as negotiated by the Company a month after the Super 10-K filed.
The shareholders are staying tuned for the CE coming down and watching the growth model kick in as US retail trading explodes! The future will be very exciting after all the mitigating circumstances eliminated.
Read the Court Papers as once again the chronology backwards. The Company introduced the Mazuma SEC Order and the Washington Post article was Nov 2013. That was a year after the last lending of Asher to the Company. The reaudit mandate was the same period and the litigation followed a few months later.
The public info was taken into evidence in the Company’s case. in 2017-2018. Asher’s litigation meant they couldn’t convert in 2013. No radio has highlighted Asher’s hedging techniques.
The first public info on Kramer available was the Mazuma case, so the Company’s position on use of hard lending during the Great Recession and acquisition of Digital Clarity was entered evidence . The Dismissal also acknowledged the situation and the evidence.
Wasted time? Last 5 years? Ignore what took place? Facts really are important
DBMM got grit! No rollover ever! DBMM prevailed.
5 years of facts:
2017-(New) Long term investors fund curing the delayed filings
2018-Super 10-K filed and
Company settled with Asher on DBMM’s terms
2019- Judge issued Dismissal
2020- DBMM made it through pandemic
2021-DBMM Pink Current acknowledged by OTC Market and Debt renegotiated. CDs canceled from 1 lender
2022-211 in process from sponsor broker. Renegotiating debt/CD s settled from 1 lender.
CE coming down and pps going up. DBMM got grit. DBMM ready to go. Watch this space, it will be a big landscape,
The Commission will side with the Judge. Same decision, as no basis to do otherwise.Enforcement can’t stand the scrutiny and they brought it on themselves.
The SEC has wasted enormous amounts of taxpayers money for a non-monetary case while Gensler is giving interviews on needing more money as they are so underfunded.
There are so many fraudulent activities starting with short selling for which there is disgorgement and financial sanctions, that protects shareholders.
As Judge Foelak stated in the Dismissal case, there is no protection of shareholders following Enforcement’s Motion. Deterrence? Nonsense, as that is not the intent. Intent is essential in the law.
Time to close this matter, soon as 211 with all boxes checked, in process.
Thought it would be useful to post the legal definition of "judicial discretion."
https://dictionary.law.com/Default.aspx?selected=1063
The CE is coming down and the Company is surrounded by long-term investors who are ensuring its success—-with a vengeance.
Stay tuned.
Can't wait for CE to drop , which is in process. That is purview of OTC Markets .SEC delegated OTC oversight on Sept 28 amendments which designated DBMM Pink Current. There is a broker sponsored 211 in progress in order to resume trading in US.
DBMM> STRATEGIC ACTIONS GOING FORWARD..... STAY TUNED
Strategic actions forward…
-Removal of CE
-Final Order confirming Dismissal.
-Funding of Organic Growth as stated in 10-Ks and Q’s per Final Order
-Target Acquisition (s)
-NASDAQ simple
Stay tuned...
Jarkesy and climate disclosure: how far will the courts go in constraining the administrative state? – Cooley PubCo
Further reading on the Jarkesy case which SCOTUS has agreed to hear against the SEC. The case addresses the lack of constitutionality of ALJ Courts,and diminished due process because of delays and overreach.
https://cooleypubco.com/2022/06/10/jarkesy-and-climate-administrative-state/
“No one cares”
It is an enormous mistake to think facts are of no interest.
Every new regulation has an impact
on DBMM , now or in the future. The shareholders are following the focus on transparency and Citadel as the major market maker in the OTC .
Patterned behavior to influence is of real interest, both positive and negative as there is patterned behavior associated with certain bad actors and short selling. And that is only one example. DBMM cares because the CE is coming down and the landscape will change dramatically.
shareholders care. Stay tuned.