https://www.youtube.com/watch?v=xLpfbcXTeo8
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Al Stone is a scumbag. That is all.
One share traded Friday - 0.003 - now that's a dead, BIG Bennie Blankenship pump job.
Great work, Bennie - you killed another one.
"But, time is a factor for me right now." - cowtown jay 1/25/2016
Why is that? The SPNGQ SOLs have all long since passed and there is no presentation of any claim to KBIO that would be time-barred by an SOL for quite a long time, as the underlying fraud just occurred in October-December 2015.
There is no rush here.
So what's the time factor, Jay? You have NOT ever answered this.
What is your "time factor", Jay?
Ugly RCG T-trade coming! Something stinky is in the pipe and DaFoley's ROYAL CAPITAL GROUP needed to dump more today.
"NEW 52 WEEK LOW... BAM!" NO, new 128-week low!!!
BAM!!! FACT!!!
Da0.002s OnDaWayy - only a matter of days until the AS is raised. No time to gett the RS approved by FINRA before the current AS is maxxed-doubt and the weekly CONversions by DaFoley's ROYAL CAPITAL GROUP will require an immediate AS raise to meet the weekly CONversions - no time to wait for a FINRA review of the RS (which WILL becoming after the next AS increase).
Weeeeeee ...
DaShares, boss ... DaShares!!!
How BIG will DaFoley's T-trade sell block be today?
This is the only relevant question: how many newly issued (directly into DaFLOAT) common shares will DaFoley's scam toxic floorless CONvertible finance front, ROYAL CAPITAL GROUP be DUMPING into the bids on any given trading session?
Toxic floorless CONvertible debt note DEATH SPIRALS are fun - weeeee!!!
February 2016 days away and still no Giddy Up anywhere. Nott at The Whispers concert in July 2015, no April/May/June 2015 launch party, no samples, NOTHING.
No pot. All BS from "Bill" the fraudster. All "Bill's" baloney - nothing at all of substance here - even Cousin Jim owns the polebarn and land.
OH WHAT A SCAM!
How BIG will DaFoley's T-trade selling block be today?
He's gotta move 12,500,000 freshly issued-into-DaFloat NTEK shares every single week on average via his Royal Capital Group front toxic floorless note holding-and-CONverting front.
300 Paramount titles on the porn server with MINIMUM GUARANTEED ROYALTIES of $2,500 per title - gotta pay that nutt. Or gett sued AGAIN like K2 sued NTEK for FRAUD and nott paying its contractual minimum guaranteed royalties for a handful of nature shorts. Which NTEK admitted it couldn't pay because NTEK is BROKE.
Plus Danny W(r)ong's $5,000 nutt for NTEK and ANOTHER $5,000 nutt for NTGL.
Dat's a lotta shares to DUMP in Da0.003s with Da0.002s and lower coming and the AS headroom nearly maxxed doubt.
As the manager said to Bud Fox in Wall Street: "Well, sumbuddy's gotta pay."
And as usual, that sumbuddy is the NTEK bagholder-base.
Weeeeeeeeeeee .... toxic floorless CONvertible debt DEATH SPIRALS are fun!!!
Munny down DaRathole endlessly, remorselessly, inexorably ...
Alan, wash trading cannot manipulate a stock DOWN, only up. Since you seem to think it can be used to lower a share price, please explain in detail exactly how anyone can wash trade a price DOWN.
Since it is nott possible, I await reading your explanation of how you think it would work.
Let's hear it! In detail.
Oh, and I'm STILL waiting for you to explain:
Alan, aside from the fact that there are no 'naked shorts' nor long-term FTDs in OTC stocks, and the T+3 rule has been in effect since 2009 ...
Assuming for the purpose of argument there were, since only 10,000 shares ~OUTT of 1,700,000,000 NTEK shares issued and availble to borrow and short have BEEN sold short, WHY would anyone need to 'naked short' this pig?
It's easy as pie to find borrows - and WHY does the reported short interest decline and increase - if borrows were difficult, the short interest wouldn't be declining - especially as ISSUANCES are 12.5 million new shares into the FLOAT every week.
Oh, and why aren't your mythical 'naked shorts' showing up on RegSHO FTD list? Please explain the mechanics of how one can pull off that magic - selling an 'air share' that is nott delivered on T+3 and yet somehow doesn't ever show up on the Reg SHO FTD list???
How exactly is that done?
Oh well, it's better to transition to a security guard instead of the pesky PI attempt. Right?
In any case, you have no applicable legal training and have failed in your hunt for evidence proving your NSS unicorn CONspiracy theory - in SPNG, in CRGP, and now in KBIO.
And quit dodging the question:
"But, time is a factor for me right now." - cowtown jay 1/25/2016
Why is that? The SPNGQ SOLs have all long since passed and there is no presentation of any claim to KBIO that would be time-barred by an SOL for quite a long time, as the underlying fraud just occurred in October-December 2015.
There is no rush here.
So what's the time factor, Jay? You have NOT ever answered this.
Why? Why the secrecy about the "time factor"?
What is your "time factor", Jay?
No need to reference a post, Jay. No need to be hesitant. Just answer the question.
"aren't subpoenas issued by court authorities"
Oh my, let's learn Venn diagrams, shall we:
Courts can issue subpoenas.
Nott all subpoenas are issued by a court.
See how that works.
Here, see if this hepps you:
An administrative subpoena under U.S. law is a subpoena issued by a federal agency without prior judicial oversight. Critics say that administrative subpoena authority is a violation of the Fourth Amendment to the United States Constitution, while proponents say that it provides a valuable investigative tool.
So the executive branch (not a court) can issue a subpoena.
Now, are you STILL trying to claim CONgress is a court?
Are you claiming CONgress can issue injunctions, seize personal assets, order a citizen to a term of years in a Federal prison?
So, what can CONgress do if somebody is held in contempt?
Any idea? Try some guesses.
"The trustee challenged my training to make the analysis that I had provided to the court."
And rightly so, as the court kicked your letters to DaCurb. Your letters are public record - they were garbage and the court circular filed them - correctly so. They made no comprehensible argument and there was no evidence presented to support any of your conclusory jumps from nowhere.
From the letters posted on PACER and publicly available - your claims are provably false, to wit"
"I had to be registered as a Private Investigator in the state where I am domiciled (Texas)"
No, in fact you were never registered as a Private Investigator in Texas. See:
http://www.txdps.state.tx.us/rsd/psb/psbSearch/individual_details.aspx?id=624841GG6
Private Investigator 5/15/2002 5/15/2004 Not Registered or Application Incomplete
"That is the law, and it is the sole reason for my license."
You were never licensed as a private detective in Texas, you were only licensed as a security officer.
And quit dodging the question:
""But, time is a factor for me right now." - cowtown jay 1/25/2016
Why is that? The SPNGQ SOLs have all long since passed and there is no presentation of any claim to KBIO that would be time-barred by an SOL for quite a long time, as the underlying fraud just occurred in October-December 2015.
There is no rush here.
So what's the time factor, Jay? You have NOT ever answered this.
Why? Why the secrecy about the "time factor"?
What is your "time factor", Jay?
No need to reference a post, Jay. No need to be hesitant. Just answer the question.
"a subpoena is a writ order to attend a court and aren't subpoenas issued by court authorities?" - your words
Is CONgress a court?
Hint: No, it is nott.
What part of that are you failing to grasp?
CONgress cannot issue a court subpoena nor a court order.
What part of THAT don't you understand?
I wrote:
""But, time is a factor for me right now." - cowtown jay 1/25/2016
Why is that? The SPNGQ SOLs have all long since passed and there is no presentation of any claim to KBIO that would be time-barred by an SOL for quite a long time, as the underlying fraud just occurred in October-December 2015.
There is no rush here.
So what's the time factor, Jay? You have NOT ever answered this.
Why? Why the secrecy about the "time factor"?
What is your "time factor", Jay?
No need to reference a post, Jay. No need to be hesitant. Just answer the question.
"onsidering that i had to provide a dictionary definition showing that a subpoena was a writ order to attend a court - granted Shkreli's was admin subpeonai but imo, you of all should have known
LOL!! Really?
So you believe CONgress is now a court? You state that CONgress has issued a "writ order to attend a court" to Shkreli? Really? Which court did they order him to attend? Where in Article III is CONgress instantiated as a part of the judicial branch? I seem to have missed that section of Article III.
Butt then you go on to claim CONgress' summoning of Shkreli is an administrative subpoena
- administrative matters are exclusively those of the executive branch and independent agencies which fall under the authority of the executive, so you are also saying there is something in the Constitution that gives CONgress executive powers too.
Can you at least make up your mind and decide which branch of government you are asserting has the authority to issue a court subpoena?
The statement I quoted above is inherently self-contradictory and frankly is incomprehensible.
Lett me clue you in to a great secret that has been concealed from poorly educated people for over two centuries now: there are three independent branches of the United States federal government.
"When you were in school"
Assumes a premise which evidence indicates is false.
Or do you mean just physically in school?
Would you like to accompany me to the exposition of Stevie Wonder's best photos? I understand they will also be showing some video shorts he shot when he was studying to be a cinematographer.
I'm sure Marty Shkreli will buy up all the top photos and videos that Stevie shot during his time in film school.
And then the KBIO stuckholders will claim the company owns that 'asset'.
Please explain the specific penalty if one is found in contempt of CONgress and when was the last time that penalty as imposed.
Suppose Marty doesn't show up in DC. What exactly do you believe CONgress will do to him?
LOL!!! OH MY, a whole 1,875 shares of a stock trading under a buck. Quite the huge incentive for the CEO and the CFO, huh? He'd get real rich off that grant, no?
Sorry again, butt you've undermined your intended point. An option grant to a CEO that tiny is itself proof that it was nothng more than a pro forma gesture that in fact proves that the equity portion of his compensation package was valued at virtually nothing - hence his grant was minuscule.
When a company shuts down and the Board wants certain people to hang around for the shutdown, the Board grants them an incentive package so they will stay for the whole process. The annual (and special incentive) comp packages always include a mix of salary, target bonus, and equity. Equity is always included because supposedly it gives management an incentive to work to increase the stock price. And yes, shutdowns almost always give the remaining employees stock options and/or RSUs even though everyone knows they are worthless - the real meat is the salary and the incentive bonuses - a retention bonus and then a finishing (performance) cash bonus. CASH. The options and RSUs almost always wind up totally worthless.
Usually, a CEO/CFO would get 100,000 share options or more PLUS RSUs as the equity package for this type of small public biotech. And that's for stocks that are publicly traded anywhere from $5 to $100 a share. PLUS RSUs (maybe 25,000). Their salary and bonus are "lower" than otherwise because of this equity portion.
In Herb's case, the Board knew the stock was worth sht, so it downsized the equity package to a paltry, minuscule 1,875 share options and most likely loaded up his salary and performance bonus with a lump sum bonus payment upon successful wind down of the bankruptcy and dissolution.
The fact he was only given 1,875 share options is evidence that the stock option value was believed to be of no value, so they just did the minimum to make it look (i.e., pro forma) that Herb had equity skin in the game, when they all knew it was just a farce.
I enjoy watching Stevie Wonders trying to teach photography. This is funnier than an exposition of Stevie Wonder's best photos.
You are quoting a statement about PUBLIC disclosures to existing investors and the PUBLIC marketplace.
It is IRRELEVANT to the law that applies to securities purchase agreements - like the private placement - a DIRECT SALE of securities from the company to a buyer.
Nice try, butt you're DEAD WRONGGG.
Your quote from Cravath is inapplicable to direct securities sales from the company.
Do you believe a company could close on an IPO with underwriters when the CEO and Chairman was indicted and the company did not disclose that material fact in an S-1/A AND to the underwriters?
Sheesh!!!
The Cravath text is applicable only to a situation where the company is communicating to the general market place in the normal course of business, and is NOTT doing a direct sale of securities to a private party or in a general offering.
Oh, and it's also a violation of the security sale agreement itself if the text is the standard text used in SV for PPs for legit companies. There is often an EXPLICIT duty defined in a provision to require the selling party to provide updates of any material changes prior to closing. This obligation exists even without such provisions, butt adding this proviso in the CONtract itself is a belt-and-suspenders approach that is in many to most SV PP agreements/memoranda.
MY GOSH, MAN!
"lol silly me and have no clue what i was thinking"
Yes, obviously.
Fortunately for you, I work in this area AND I know Herb personally and I'm willing to help others LEARN.
And I am always amused when the blind believe they are art appraisers and critics.
READ - Herb Cross left in NOVEMBER on the same day Marty became CEO and Chairman.
What is unclear about this? Is this hard?
Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
On November 19, 2015, the Company terminated Mr. Herb Cross from his position as Interim President, Chief Executive Officer and Chief Financial Officer of the Company, effective immediately, and Martin Shkreli was appointed as Chief Executive Officer of the Company and elected as Chairman of the Board.
https://www.sec.gov/Archives/edgar/data/1293310/000110465915080846/a15-23985_18k.htm
He was granted options on November 9th, BEFORE Marty took control of the company. That options grant was forfeited when he was terminated, unless he had an employment agreement with accelerated vesting upon termination without cause. Either way, he was G-O-N-E in November and the grant will not vest in 2016 - he either forfeited upon termination or immediately fully vested on termination if that acceleration clause was in his employment contract.
What the hell are you talking about? Herb bailed the day Shkreli became CEO. Herb was G-O-N-E in November.
Shkreli's indictment and arrest were nott until December 14th. The indictment was SEALED and nott even available to Shkreli until he was arrested.
Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
On November 19, 2015, the Company terminated Mr. Herb Cross from his position as Interim President, Chief Executive Officer and Chief Financial Officer of the Company, effective immediately, and Martin Shkreli was appointed as Chief Executive Officer of the Company and elected as Chairman of the Board.
https://www.sec.gov/Archives/edgar/data/1293310/000110465915080846/a15-23985_18k.htm
The company had THREE DAYS to update their PP prospectus/memorandum by amendment and advise the investors of this material change prior to closing, and the company failed to fulfill this obligation, thereby defrauding the $8M PP investors. In ADDITION, the company failed to order the issuance of the shares - another aspect of the fraud.
NTEK is BROKE, dude. Even K2 sued them for non-payment and NTEK admitting they didn't have the cask to pay their MINIMUM GUARANTEED ROYALTIES.
And NOW their nutt is $2500 per title for each Paramount title on their porn server.
300 times $2500 - that's in addition to the $5,000 nutt to Danny W(r)ong!
They are massively cash flow NEGATIVE and even their IR clown admitted that.
No munny, no way to even do a buyback. Butt they wouldn't anyway, because NTEK is a straight-~OUTT scam.
"Every raise in the authorized would have required a vote."
Dead WRONGGG, Alan.
NRS 78.207 Change in number of authorized shares of class or series: Resolution by board of directors; approval by stockholders; rights of stockholders.
1. Unless otherwise provided in the articles of incorporation, a corporation that desires to change the number of shares of a class or series, if any, of its authorized stock by increasing or decreasing the number of authorized shares of the class or series and correspondingly increasing or decreasing the number of issued and outstanding shares of the same class or series held by each stockholder of record at the effective date and time of the change, may, except as otherwise provided in subsections 2 and 3, do so by a resolution adopted by the board of directors, without obtaining the approval of the stockholders. The resolution may also provide for a change of the par value, if any, of the same class or series of the shares increased or decreased. After the effective date and time of the change, the corporation may issue its stock in accordance therewith.
http://law.justia.com/codes/nevada/2010/title7/chapter78/nrs78-207.html
"how they could raise the authorized without the approval of over 50%?
Uhhhh... two FACTS, Alan:
(1) under the NV statutes and Nanotech Entertainment Inc. by-laws, the AS can be raised by the BOD and does NOTT require a share vote.
(2) the MAJORITY of share votes resides AT ALL TIMES in the Series A Preferred SUPERVOTING shares that were created and issued to DaFoleys in December 2014.
For both reasons, there is NO need for a shareholder vote from the COMMON shares - no matter how many are issued because the SUPERVOTING SERIES A Preferred ALWAYS, by their issuance terms, will control the majority vote no matter how many TRILLION common get issued.
Butt for SHOW, they may send the commons a proxy for the RS, butt nott because they need to. An RS requires a shareholder approval, butt they can get that just from DaFoley's Series A Preferred alone - they don't need a single common share to vote for it.
Common shares essentially don't count because Preferred A ALWAYS has the majority control.
Oh, and as I stated, AS raises don't even require share voting.
NTEK no longer has enough time to do an RS before they run ~OUTT of AS headroom. They have to submit the RS request to FINRA and they have several weeks to review and, if they have questions, pause the review until NTEK gives them all the answers they request.
So NTEK is now stuck with having to do another AS raise AND then do the RS. They are ~OUTT of headroom and time now.
They've even managed to screw this upp - OR they fear submitting anything to FINRA and provoking some painful questions about their 'financials' posted on the paid ad site OTCMarkets.com - which would lead to a FINRA halt and an SEC suspension.
Is everyone psyched for the Superbowl Sundae 49ers' pre-game pep rally live-streamed by UltraFlix???
Oh well, better luck NEXT Black Friday ...
Maybe the missing 60,000 NP-1s will finally hit the Best Buy stores once they are unclogged from "the retail channel" with some pruno from Taft.
Meanwhile, DaDaveyFelon will continue shtting ~OUTT fresh NTEK common shares dumped into the market - 12.5 milion weekly. DaDaveyDumps - as Royal Capital sits upon the porcelain throne extruding fresh shares into DaBowl
LOL!!! Really??? Based on WHAT?
The 'insiders' are DaFoley who controls all shareholder votes with the SUPERVOTING Series A Preferred shares.
Common shares are meaningless. The Preferred A controls the corporation and can vote anything they want even if every common votes contrary.
The 'insiders' are ROYAL CAPITAL GROUP, owned by DAVID RUSSELL FOLEY, Federal inmate no. 13141-111.
He converts the backdated, illegal floorless convertible debt into free-trading common shares and dumps them to suckers.
1.7 BILLION of them - AND COUNTING.
And he controls the corporation via the SUPERVOTING Series A Preferred shares - which he and DaFoleyCrimeFambly holds.
Look, any failed wannabe private investigator or Non-Commissioned Security Officer (aka night watchman/Wal-Mart greeter) can come up with whatever phantasmagoric fever dreams they wish about KBIO.
Butt reality is always gonna be reality.
And fantasy dreams are nothing butt a straight-up damned waste of everyone's time.
The FACT is that KBIO knew of Marty's indictment prior to the closing of the $8M PP and they failed to fulfill their obligation to disclose that material fact (as Marty was KBIO CEO at the time) AND failed to amend the PP agreement/memorandum prior to the closing. Federal indictment of the CEO is pretty damned material.
It's a pretty simply set of facts. In addition to reps and warranties, there is a general obligation of a company selling a security to disclose all material information prior to closing, especially any material changes between the last PP memorandum/agreement/amendment and the closing date and time.
Butt I'm shure some Barney Fife wannabe will see black helicopters dropping chupacabras onto the UFO hovering over KBIO.
Yes, if nott RGC, then another FoleyFrontShell. He used FS Global Capital for a year with NTEK then switched to Royal Capital Group.
Who knows what names he'll use for NTEK or NTGL? He's got a dozen D SHOAF NV corps that are sitting around - butt he won't use a real corp, he'll use these RCG entities which are prolly nott even registered ANYWHERE.
You can gett a Bank of America account with just fictitious papers (as they are called in California - other states call them DBA papers, etc.)
Just like DaFoley gott a B of A Czeching account under the name "B.B." for his Ultracade/VR Global fraud scam with the counterfeit, unlicensed games sold on USB fobs (stolen nonetheless!) via Daddona on eBay. Daddona kicked back the money to DaFoley in DaFoley's "B.B." account at Bank of America.
"B.B." is nott his name, so it was evidently a business name he gott a Czeching account for - no corporation and no registered partnership, just fictitious papers and a county registrar's stamp.
NTEK gotta find some way to pay them minimum royalties which for Paramount titles are $2500 apiece.
300 titles at $2500 per - that's a BIG NUTT to pay.
That means NTEK gotta print a LOTT of new stock to DaFoley's Royal Capital Group using illegally backdated floorless convertible notes that allow RCG to gett the shares issued delegended and in the FLOAT immediately so they can continue to be DUMPED to pay current expenses - like paying Danny W(r)ong's 2 x $5K/month nutt for each of NTEK and NTGL.
Bagholders are accumulating ... LOSSES.
DOWN 97.76% in TWO YEARS - 0.179 to 0.004 - and STILL FALLING LIKE A KNIFE!
BAM!!! FACT!!!
"But, time is a factor for me right now." - cowtown jay 1/25/2016
Why is that? The SPNGQ SOLs have all long since passed and there is no presentation of any claim to KBIO that would be time-barred by an SOL for quite a long time, as the underlying fraud just occurred in October-December 2015.
There is no rush here.
So what's the time factor, Jay? You have NOT ever answered this.
In fact, YOU asked for the deletion of your original post where you stated this - and you asked for the deletion AFTER I asked you this question. Why? Why the secrecy about the "time factor"?
What is your "time factor", Jay?
"And you could do the same."
And howzatt? I'm nott on bail. I'm nott charged with any crime(s). And in fact I have never received even a speeding ticket in my entire life (although I did run a stop sign once).
How is it that I should ask the court to modify my travel restrictions when I have no court-imposed travel restrictions?
ASSplain yer logiK there, Herr Professor.
And I still await yer insightful comments on Vosburg v. Putney and the International Shoe cases. Then we can move on to Logan v. US and others that I wood appreciate your very learned comments on.
Hay, there are still maroons who bought into NTEK at 0.169 (basically at the all-time high) and have averaged-down for over two years of pure lies by the company to the current 0.004 and they are STILL averaging down to zero in that scam.
I saw that in LOCH/CDEX too - sheepvestors averaged down to zero and sooo many lost every single dollar they had - and are now in their 60s with NO retirement funds, no savings, and a second mortgage they took ~OUTT to average down the drain when their credit card cash advances were maxxed ~OUTT.
The real beauty of these pennyscams is once you hook a sucker-vestor, you can keep draining them for YEARS. In the LOCH/CDEX scam, they milked over $60 million ~OUTT of the same few hundred individuals over 15 years!!!
You just need to hook enough suckers in the first bigg pump and then you're set - you can drain those suckers of every paycheck they earn for the next decade or so. This is its own retirement plan for pennyscammers. Running a BIGG PUMP and hooking a few hundred troo-bleevers, and you've gott a 10-15 year annuity as long as you walk the tightrope and stay ~OUTT of prison or SEC jeopardy.
Most of the pennyscammers are too impatient and bleed their conned-vestors dry too early. They should be more gradual, and they can get the NEXT decade of paychecks ~OUTT of the suckers chasing their losses with averaging down, rights offerings, 'select' PPs to suckers who you tell are 'inside' now that they bought a preferred PP, and then play the shell games.
A patient pennyscammer can play on the tightrope. milk gradually, and drain the cows for a loooong time - because losers chase losses - endlessly - to the drain.
It's the same principle that Vegas uses - drain them gradually and throw the suckers a bone in comps, they will almost always chase their losses until they're bust - then in a few more paydays, send them a comp for a few nights and some meals and they will blow those paychecks too.
Over and over.
LOL!!! REALLY??? Czech ~OUTT the ratio of SELLS into the BID to BUYS at the ASK and you will see that SELLING INTO THE BID FAR OUTWEIGHED BUYING INTO THE ASK.
Eyeball-imetrically, it appears to be 4 to 1 or 5 to 1 SELLS-to BUYS ratio.
I always await the "let's all pull our certs" death throe on these pennyscams.
Then followed by the never-ending search for the mythical NSS until the message board slowly dies down after the pennyscam stock no longer has a bid - just like CMKX (where Krazy Al Hodges filed NSS lawsuits in federal court, sued the SEC and SEC personnel in a Bivens claim and in all of them he gott tossed ~OUTT on his arse each time) or SPNGQ or CSHD or GECC or hundreds of other pennyscams.
Let's start the countdown to the "let's all pull our certs" moment in NTEK:
10...
9...
8...