https://www.youtube.com/watch?v=xLpfbcXTeo8
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"Obama is not going to be body surfing tomorrow when he wakes up."
That is unfortunate, I was hoping we'd see his body floating in the surf, Omaha Beach-style.
Oh well, there goes that dream of my father. @riptides #undertow #givejoeaturn
I seriously doubt that any of the SS would swim ~OUTT to save him - if they even noticed he was struggling if they glanced upp from vaping their mackerel.
"Seems to me that the Wu Tang album was obtained by the proceeds of the crime so the FBI should grab that in any event"
There is no asset seizure order in effect to authorize that.
However, after he's convicted and/or loses the SEC civil suit, the asset forfeiture order may allow them to seize and auction that album. :)
"“I’m the most successful Albanian to ever walk the face of this Earth…"
Wow, talk about damning yourself with faint praise ...
I'm pretty sure it's still legal to smoke mackerel.
Butt vaping it is the new trend.
Man, the SEC employees are really trying to hit their 'exceeds' goals for 2015 to jack upp their bonuses. Quite the flurry of high-profile PRs in the last week or so.
"It was obvious meant to be a little humorous...
Surely, that's the problem. It shows a degree of personal animus to Shkreli on the part of the FBI and can only be used to further (in a small way) his claim that the Feds are ~OUTT to gett him and humiliate him for reasons other than simply an impartial review of the applicable laws and evidence.
Really stupid thing to tweet.
Consider if the Baltimore PD tweeted: "Did they expect the van driver to have his head on a swivel when Freddie Gray was in the back?" @BaltimorePD #neckbracesmatter
"Shkreli is going to have plenty of opportunities at his future residence to earn a living for a buck. Well, at least for a quarter."
Corrected: Shkreli is going to have plenty of opportunities at his future residence to earn a living for a box of mackerel pouches. Well, at least for a mackerel pouch.
Most BOP facilities use pouches now instead of cans with sharp edges - old pic
That FBI tweet mentioning the Wu Tang Clan album strikes me as inappropriate.
Butt then again Obama, as sitting President, has gone on ESPN live to make his NCAA BB tournament bracket picks.
What's next? The IRS tweeting "Wow, can't believe Don King spent so much on hookers for business entertainment expenses!" @auditteamIRS
That tweet is unprofessional for a government agency that needs to be impartial and serious about its yob.
I'll wait for the Bureau of Prisons to tweet "Didn't find a smartphone during Foley's cavity search - THIS TIME!!!" @BOP @CI-Taft #hisass
You posted Doc 7 twice - the same document - relates only to Shkreli and nott to Greebel re: bail and conditions of release.
"nanosux didn't own the rights to the trademark 'future of television"
Nobody - NOBODY - can answer that question. NTEK had a registration for that mark, butt that is nott definitive proof of owning a valid, enforceable mark. it only provides a presumption which means a defendant has the burden to show the mark is nott legally enforceable or is owned by a different party in fact through use or field overlap.
You've asked a very fact-dependent and situation-dependent question that cannot be answered without a specific case of NTEK attempting to sue a particular third party based on a claim of a trademark for 'the future of television' during that period prior to abandoning the registration of that mark 12 months ago.
"Maybe his lawyer could get the venue changed to Albania?"
Oh gosh no - Albania is a mess. Crazy language issues, the government ran a pyramid/Ponzi banking scam that destroyed the miniscule wealth of most of the citizens (so they will nott be too kind to a Ponzi-schemer), and it's legal system is a mess. Plus there are no good local counsel there. Mostly Muslim. Worse, there is nothing to do for fun in Tirane.
Much better to choose Croatia as a venue. Beautiful country, decent cities, nightlife, some quality hotels and restaurants. I'd pick Croatia over Albania every single time.
I learned a trick from a mentor and I've also seen it in use by many others. Here it is: when you draft a commercial contract and need to include a provision for international arbitration, select a place you'd like to spend 6-25 weeks. My mentor always chose Paris. For sure, one of those contracts had an international dispute and he wound up getting to spend about two months (split over about 9 months) in Paris for the IARC arbitration. Another contract between a Japanese company a US-domiciled company specified Honolulu as the location for an arbitration if there was a dispute in a certain set of topics (e.g., IP) - sure enough, there was a dispute and he gott to hang in Hawaii for it. He also got to hang in Hong Kong for another matter.
Almost nobody objects to picking a neutral forum country at the stage of drafting and signing contracts. Only very experienced CFOs in multinationals with a LOT of international litigation experience ever object to an arbitration venue in a draft contract - because they may have the experiences of having to pay hotel and travel expense costs for prior arbitrations (frankly, I've never had anyone object to the choice of venue for arbitration in a draft contract during review). As long as you don't pick a red thumb locale like St. Moritz or Ibiza, nobody ever picks up on that stuff - and the legal counsel representing the other side(s) know this game too and they may, at most, counter back with "I've played all the good golf courses in Oahu, Shajandr-san, would it be OK to change the venue to Kahului, as I've nott played the courses on Maui."
Other variants are that for international arbitration or litigation, parties usually agree to choice-of-law provisions for the dispute to be resolved by, and the contract to be governed by, either UK or US law (or Canadian or Aussie) which have a long established body of English common law applicable to contract interpretation. So, jurisdictions that have a basis in English common law are favored, which is why Hong Kong, Ireland, Singapore, etc. are good choices for venues.
In my mentor's case, he chose Paris as the locale, butt US law governed the contract, so the IARC arbitrators were US lawyers and everyone gott to hang in Paris while the clients footed the bill. The reason for Paris is that the two contracting parties were a US corp and a UK corp and it made sense to have a neutral forum - the compromise was that US law would govern butt the location would have to be in Europe convenient for the UK company lawyers to attend, so Paris became the location during drafting.
They should have picked Biarritz.
Just some tips for how to make life a little more fun if you have to be away from home for long periods - pick a nice place for the dispute resolution.
I've had to spend a period of 10 weeks in Chicago over a nasty winter on an arbitration. The folks who drafted that contract did so because Ilinois was a neutral forum, Illinois contract law is well-developed, and the AAA is located in Chicago (on Michigan Ave in the Illinois center complex) which was halfway between the parties' HQs (California and New Jersey).
Lesson: always pick a place that doesn't have Siberian-level winters as a possibility!!!
A servicemark is a trademark. It just means a trademark for a service rather than for a good. A housemark is a trademark like "Nanotech Entertainment" which is a mark that is used for many services and/or good that are produced and/or marketed by the same entity (or 'house').
Here's an example:
"Merck" and Merck & Co. a housemark of Merck & Co. The "Merck Manual" is a trademark for the good of a medical manual produced and sold by Merck. "Zocor" is a trademark of Merck for that good sold in commerce and is also called a brandname. The generic name for that drug is "simvastatin" and cannot be trademarked by anyone as it is an approved USAN/INN generic name. If Merck also provided a service (let's say they did drug dispensing as a mail order pharmacy to consumers for a fee and called it "MyOnlinePharmacy"), that would be a servicemark.
On a bottle of Zocor, the name "Zocor" is a trademarked brandname, the name "Merck & Co." on the bottle is a trademarked brandname, and if they sold all kinds of drugs in an online pharmacy called "MyOnlinePharmacy" that would be a trademarked servicemark.
All three (housemarks, brandnames, and servicemarks) are trademarks and they are called trademarks and registered. A registration in th PTO does NOT create a trademark, is only is a presumptive claim to own it that provides a rebuttable presumption to the registrant if they sue someone in a US court for trademark misappropriation, trademark misuse, trademark dilution, to oppose the registration of the mark for another company or person for use in a different field of use, etc.
In any case, "the future of television" for the field of distributing media content was registered by NTEK butt it's now DEAD, having been abandoned a year ago.
Hope that helps.
LOL!
"Someone is accumulating a huge position"
Yeah, that person is DAVID RUSSELL FOLEY, Bureau of Prisons inmate No. 13141-111, and that position is in CASH.
HTH.
Ummm, NO. Trademarks are not copyrights, they are trademarks. The USPTO has nothing to do with the issue of copyrights.
More importantly, the NTEK trademark registration is ABANDONED and DEAD. Therefore there was and is no license nor assignment to anyone, as there is nothing to license. It was ABANDONED and DEAD for a year now.
Sheeesh!
All this negative media coverage is going to make jury selection a very difficult process. At least with Martha Stewart, there were still a lott of people who had some positive views towards her.
Shkreli is deeply hated and widely-known by an overwhelming majority of potential jurors already.
They will impanel a jury, butt it will be an interesting voir dire and jury selection and juror bias will be an issue in his inevitable appeal of a guilty verdict.
Dude needs to call John Keker.
"The SEC really tends to warm up to you after you call them stupid to their face."
The SEC would nott warm upp to him even if he did a 30 minute network TV prime time paid ad proclaiming the wonderfulness of the SEC and that they are the best thing since sliced sourdough bread.
OTOH, by getting the statement that the SEC has misunderstood the accounting in his case, he is conditioning the audience, which contains his future juror pool, to the idea that the SEC and DOJ have made errors and that the charges against him are unjust and a reaction to his drug pricing controversy.
I don't do criminal law, butt you see similar proclamations of innocence and prosecutorial error and bias by defendants or their lawyers to media sources that will publicize it quite frequently. It appears to be a useful tactic in some criminal law situations where there is a wide audience of potential jurors and the prosecution's 'story' has already been presented to the audience by the news media.
It is very unlikely to work in his case, and it may nott be at the prompting of his attorney, butt it's nott uncommon to see. He and his lawyer pretty much already know that this is the line of argument they are going to have to pursue, so why nott putt hat line in the sand now and publicize it to plant that idea in the minds of potential jurors?
Plus because of the politics of his case, there's nothing he can do to make the SEC and DOJ anything other than fully determined to bring him down and show him no quarter. Nothing he can do would buy him goodwill with the decisionmakers at those agencies.
NTEK abandonded that trademark filing a YEAR AGO - it's been dead since then.
Live/Dead Indicator DEAD
Abandonment Date December 31, 2014
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:1qkom2.2.1
Aaaand it's G-O-N-E!!!
OOPS - WHOOPS!!!
Oh my, he's such a cute young fellow with that boyish look, feminine build, and soft skin that the older guys in prison just love.
He's gonna be popular in DaHole. Lots of 'strong friends'. A 10+ year sentence gets him into a Medium, where the real fun is at.
After a few months, he'll be loose enough to keister one (or several) of the newer 8" screen smartphones like the Asus FonePad8 (aka "Anus 8") - a valuable skill to have in prison. He should be able to make a decent prison income of mackerel pouches from renting ~OUTT his smartphone hiding space to others.
Back in the old days, prison smartphones were fairly compact (BTW, it appears that a hip replacement on the viewer's lefthand-side hip will soon be in order)
He'd better call Saul ... errr ... John Keker.
The patents covering Dataprim expired decades ago. The only leverage he had with the existing drug was that there was no other licensed producer of it that was an appoved manufacturer with an FDA license for the manufacture of the drug as a generic.
This was bound to be resolved, as once the cost to set up production and obtain an FDA license for it made it feasible for other manufacturers (like all kinds of generic makers here and in India) to produce and market Dataprim as an FDA-licensed generic.
He just realized that in the interim period, there would be zero competition and he could charge whatever he wanted.
There are a LOT of generic drugs that are simply uneconomical to manufacture at the prices paid - you may recall there are and have been a number of shortages of old, generic cancer drugs recently. That is because the cost of manufacture (principally the costs of FDA licensure for process (and facilities) and maintaining licensure) and the huge growth in product liability lawsuits (notice all the lawfirm ads on TV trolling for any user who thinks they can tie their medical problem to every drug and medical device under the sun) make it an uneconomical business for many generic drugs. The price caps for Part D Medicare and Medicare/Medicaid users contributes to the problem, since there is no incentive to create or expand aproduction capacity for a drug that is nott going to make munny, net of all-in production/distribution costs and product liability lawsuits.
So the 'authorities' have created a niche for guys like Marty to buy the entire current production capacity of a drug which has no good substitutes and then milk it until one or more other generic manufacturers decides to make an investment in licensure and production capacity because the price has gone up and it now makes sense to try and make it profitably.
"NTEK has gone thru an incredible growth stage"
yes, indeed - they have more than doubled the AS and OS in just 12 months! Three AS raises totalling over a BILLION shares!
As of the close of business on 12/03/2014, the following is the outstanding information for:
NanoTech Entertainment, Inc
Authorized Shares 740,000,000
Total Shares Issued & Outstanding 707,374,022
Free Trading Shares Outstanding (FLOAT) 629,818,523
As of the close of business on 12/15/2015, the following is the outstanding information for:
NanoTech Entertainment, Inc
Authorized Shares 1,790,000,000
Total Shares Issued & Outstanding 1,613,376,342
Free Trading Shares Outstanding (FLOAT) 1,576,513,259
And now NTEK is growing a REVERSE SPLIT for January 2016 - HAPPY NEW YEAR!!!
"Wow what an incredible achievement NTEK has made"
Yeah, DOWN 88.28% Year-to-date
topping the PRIOR year's loss of DOWN 71.82% for the year 2014.
The PpS is decreasing at an INCREASING RATE.
Now that is an achievement.
As is issuing a BILLION new shares into the float in the last 12 months.
I see he suffers from DaFoley Disease. I love DaFoley's iHub post: "I've never promoted NTEK stock."
That ranks right after his "You can clear fog with smoke, mirrors, and misinfomration."
Marty S. and David Foley have a lott in common. They are men of their convictions and are nott afraid to deny it repeatedly and loudly in print, just motivating others to come and hunt them down and see them tossed into DaHole (again).
Tom Huzella (tomscheboy) was another one of those. We made shure he gott to have a chuckling chat with the IRS over a cup of ice cold, rancid coffee in a paper cup. And they bankrupted him with a $9M+ tax bill and penalties. Now he has learned to keep his yapper shut and instead of having one of the largest homes in Delray Beach, now lives in a modest condo in Alexandria, VA near his daughter. His last real yob was as a censustaker in 2010. when he claimed he slipped and fell on the yob and then went on disability thereafter.
He was the chief paid pumper in LOCH. Rod Boone, Mark Baker, and Malcolm Phillips congratulated him over dinner at the MGM in Las Vegas, with Rod introducing Tom by saying 'this is the guy who is making us tons of change in LOCH'. The SEC never gott him, but I/we made shure the IRS did.
Sure you do - no CONspiracy theory needed. David Blech did the same thing - and he's sitting in Federal Prison right now in Otisville for his SECOND set of offenses after his first round of CONvictions.
In fact, Marty S. may very well wind up in the very same facility as Blech and they may overlap sentences. In which case, they can compare notes as two totally unqualified (tecnnically and experience-wise) biotech fraudsters. I'm sure these two obvious sociopaths can cook upp some neato schemes to cooperate/try-to-rip-each-other-off when they are both ~OUTT.
BTW, if you don't already Czech them ~OUTT, you might want to glance at the Hindustan Times for some interesting stories that are generally well-written.
Of course the Financial Times is very good and their comment sections (which I also participate in) have some very sharp folks with stunningly insightful comments. I've learned a lott from the comments posted on FT online.
Reading and posting on iHub is one of my 'slumming' hobbies. Just as in real life, when I travel I love to visit and hang ~OUTT in some of the very worst areas. I guess I am kind of a ghetto tourist. I've always been like that. In college and grad school I'd dumpster dive, and to be honest, I have harvested computers, displays, and similar that were discarded in dumpsters at certain apartment complexes around end-of-month when people move ~OUTT and often toss valuable stuff just because they don't want to pay to ship it (apartment complexes that cater to temporary housing for overseas employees and are often near major airport hubs are good spots - temp executive apartments around SFO are good hunting grounds for great stuff that works fine and is often only a year or two old). I loved to go to Weirdstuff Warehouse and peruse the junk.
Now that I'm older, I use iHub to fulfill my needs to go slumming. Although when travelling, I almost always seek ~OUTT some of the worst areas. There is a lott more interesting stuff and people there than in more upscale areas. For example, Midtown is a lott more homogeneous and boring than say some parts of Queens or Brooklyn. And you haven't lived until you've eaten at the Brazilian dive restaurant in Elizabeth, NJ or bought takeout at midnight at the Yoshinoya on the corner of Century and Hawthorne in Inglewood when arriving late into LAX, or getting a very late night snack at the McDonalds on 51st St near the U of Chicago and the old housing projects on the South Side of Chicago where you're the only non-black and you cannot understand a single word that anybody says, including the person taking your order.
Now THAT is how to have fun when travelling - at least for me.
Some foreign places are a bit daunting for me to go slumming though, as the language and culture difference is a bit intimidating.
Almost every day I scan the DM, Telegraph, Independent, and Guardian - they all have so much better coverage than US papers - even (or especially) of US-based news stories.
South China Morning Post has been good also (butt that may change now).
Also The Australian and Sydney Morning Herald are nott badd, and because of the time zone and the fact that I am often up until sunrise on Pacific time, I like to Czech those from time to time also.
Butt the DM nearly always has the best pics. Don't know how they do that so consistently.
The Daily Mail always has the best photos of high-impact breaking US national news stories. I also enjoy and participate in their reader comments, which are many notches better than what is available on crapsheets like the Washington Compost.
Same reason people believe in religions. They feel a need to invent a simple, digestible fable to explain what they don't understand.
It's basically self-medication; the use of invented self-delusions to keep their fears of things they can't otherwise explain at bay.
People don't like fear - so they palliate it using talismans (garlic to keep the vampires away, rain/weather gods to prevent droughts an crop failures, imaginary deities to save them from the stark pain of knowledge of impending death and destruction, prayer beads, holy water, praying towards Mecca, feng shui, betting on black when the roulette wheel has just spun 15 red numbers in a row, crossing themselves before going into battle, rain dances, etc.)
Irrational beliefs are the balm for the fears of the inexplicable or simply nott understood phenomena.
I'd recommend a read of "The God Part of the Brain" to understand in part the biological basis for why some people are more susceptible to seeking and accepting irrationality than others.
This is why highly religious people are often the best marks for affinity fraud. LOCH was a great example of this. Creflo Dollar is another.
shajandr
Monday, 10/07/13 07:45:10 PM
Re: None
Post # of 6344
That trade was a Form T trade - an afterhours reported exchange - nott a trade done after the bell. You see this frequently in penny stocks. It is usually the insider transferring a block to a broker who has been working the block synthetically from his own account (i.e., shorting against the box knowing the insider block will be traded to him).
Here's a way it can work. Insider wants to sell a 125,000 shares. His broker says "I'll work a 125,000 share block and see how much I can dump into the market using my house trading account over the next 10 days - then we'll report the formal transfer of you block to my house account at the WVAP over that timeframe for the shares sold (or a discount to the WVAP). I'll take a 30 percent rip of the gross proceeds and you'll get 70 percent."
So in pennystocks, single large blocks that are REPORTED after the close as Form T trades are often insiders true-ing up accounts with a broker who has been selling that block synthetically for some prior time period. If they were able to dump the whole block volume by the deadline, you often see round numbered blocks - like 125,000. If they were only able to sell part of the block before the deadline, you often see irregular blocks - like 118,200.
shajandr
Wednesday, 10/28/15 05:29:04 PM
Re: squeak1 post# 329436
Post # of 336092
A T-trade is where a broker is squaring up the house account with a big block he was working to sell during the trading day - the price is the VWAP of his trades for the block owner during the day. This is how insider blocks get dumped.
Always watch the usual suspects for insider and toxic financier dumping - blocks being worked by VNDM, CDEL, VERT, VFIN, WDCO, BRKT, or BMAK.
The T trades are end-of-day squaring of house account trades with a transfer from the seller's block at VWAP for the trades (sometimes with a discount VWAP, sometimes with a rip taken the gross proceeds).
So those 3.3 million shares were the amount SOLD today from a big block the MM is selling during the day from their house account and then flattening with the client seller block at the end of the day using the VWAP for the sales they made during the day.
Just more evidence of massive dilution and insiders/toxic financiers dumping shares into the market as they can from conversions of aged debt (so the shares are issued free trading and without restriction). In this case, it was Foley's Royal Capital Group dumping newly issued free-trading shares from a backdated floorless convertible note.
HTH.
The Death Spiral is inexorable. Unstoppable. The debt pyramid triggers the share printing explosion. Endless issuances and selling - dilution.
"An "Exiting" Time ????
Not sure what to make of that ... either thats Donkey Wong english
or it really is "EXITING" time.
Jeff Foley (deposition, Oct 2016): "Look, in my shareholders letter (Exhibit 183) I advised them they ought to be exiting the stock. I even told them specifically before the REVERSE SPLIT that it was 'exiting time'. If they ignored my warning and held or bought after that letter, well that's on them, nott me. I specifically warned them."
No it doesn't.
Lorraine Cullivan-Foley for new CEO! Wire Transfer Taylor for CFO!
They couldn't find a CFO in 10 months. The only CEO that DaFOley will allow is a sockpuppet he can CONtrol 100 percent, so Jeffy will be permanent.
DAVID RUSSELL FOLEY, Bureau of Prisons inmate No. 13141-111, will retain his titles and remain the NTEK Capo di Tutti Capi, El Jefe Máximo, and El Jefe de Jefes and his special position as FIC (Fraudster-in-Chief).
Or NTEK could just announce that ghost CEO of CRGP, Adam Carter, is the new NTEK CEO. DaDavey can just use that fictional alias and email his orders as CEO_Adam.Carter@corrlinks.com
Next NTEK planned strategerical movery is to put Wire Transfer in as CFO and Treasurer.
Once he getts that wire transfer stuff down.
Could take years behind bars for that.
Nope! Jeffy writes (or scrawls in crayon before his wife types it in) that he's planning to find some 'strategical consultants".
That'll be a tough search. Google "strategical consultants" and see what you get.
I'm sure we can put a very low ceiling on Jeffy's SAT verbal score - assuming he even took the SAT.
P.S. - can't his wife correct his atrocious writing when she transcribes his 'letters' from his crayon-scrawled draft on that wide-lined kindergarten penmanship practice notebook he uses?
The bottoms in this scam are the NTEK shareholders.
DaDavey has been sadistically torturing them for 2 years now.
Strangling them with backdated floorless convertible notes to issue almost 2 BILLION shares to insiders and directly into the float and dumped.
And the beatdown goes on and on.
NTEK should just hold the annual shareholder non-meeting in Foley's dungeon from now on.
Welp, DaFoley dropped/flunked ~OUTT of college and I believe Jeffy started ~OUTT as a restaurant worker.
So these are nott very educated folks, butt even at a high school English level these letters are C-minus work at best!
"will be implementing a go forward strategy"
LOL!!! Who writes this dreck for them?
What is a non-go forward strategy? I thought the convising strategerizers were going to advise on developing the strategery (note future tense of verb). How can he implement a strategery that is nott even developed yet?
Isn't that a plan to make a plan? What??? No, it's 'we will be implementing a non-go backwards strategery that we plan to plan for with as-yet-unknown strategery advisultants according to our current forward-planning expectations plan.
Does anyone at NTEK know what is going on? Is anyone even keeping track of their internally inconsistent nonsense there?
These guys are either trolling shareholders with facetious shareholder letters written in The Onion sarcasm mode, or they've a pile of failed, discarded 1990s second rate B-school buzzwords that came from such esteemed graduate schools of business as the University of Phoenix Online.
Sheesh these jokers are illiterate and low-rate.
"Establish regular communications and updates to shareholders every month"
Wait ... that sounds so familiar. They said they were doing that last Spring. And the year before that too.
Oh well, third lie's a charm, right?
Nott a peep about audits (NTEK or NTGL). They've run away from that like a scalded ... rat.