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 SEC cannot have one size fits all unless it is a law passed by Congress.
There is a 10-day suspension for delayed filings at the front end, and that is only applied to OTC companies.
That in and of itself is inappropriate application as due process not provided if there is a pre-determined outcome. Enforcement has been allowed to take the easy way out and say everyone should be revoked and that is not what the regulations under the Gateway case provide.
The regulations provide for mitigating circumstances which are proven and documented which is what DBMM did. Judge Foelak considered all aspects as stated in Dismissal.
There is not a cookie cutter requirement. There was evidence proving DBMM’s case and was acknowledged by the Judge. Read Maranda Fritz brief in April, 2021.
All public information.
For the zillionth time, the dismissal is the standing order from the Judge.
Orders must come from a Judge. That is why the legal standing is a dismissal.
Last order from a Judge. Full stop.
There has never been an extension for delayed filings decision.There is no comparability with Wells Notices, Cease & Desist Orders, Fraud and Sale of Unregistered Securities.
IMO the overreach of one of the Four divisions of the SEC injecting a review is prosecutorial misconduct .
Total waste of taxpayer’s money and an embarrassment to the agency, IMO. The Dismissal was Nov 12, 2019.
Nope, DBMM won.
All documented.
Read the court filings and company filings.
DBMM did an acquisition during the Great Recession and prevailed with debt service until reaudit, then because of reaudit the only 2 remaining notes remained.Previous notes all repaid.
DBMM managed the settlement on their terms for far less than judgment which only had interest up until 2015, on June 18, 2018.
DBMM stopped Asher’s attempts to steal the Company.
Look up the definition of RICO —
Companies are intertwined, while operating separately. No Venn Diagram for illegal activities.
Asher still named in lawsuits and any action involving one, brings a listing of all 10+ companies.
Asher got beat by DBMM and despite handstands and all kinds of dirty tricks got bested. DBMM won and walked away, Asher went out of business.
DBMM has done no Convertible Debentures since 2015 . Onward and upward for DBMM , remove CE and grow, grow , grow to NASDAQ.
Stay tuned.
It is not defunct when it is still in existence and part of a network of companies . Not defunct.
It is very much alive and could be sitting on who knows what as smokescreen.
Stay tuned.
A company with long term investors does not go bankrupt—ever.
Asher is not a defunct company as it is one of many in a network of Kramer companies all intertwined, all headed by Curt Kramer, doing various kinds of quasi-legal/illegal activities.
The very definition of RICO.
Stay tuned.
Words from the 1940’s belie reference to a time gone by decades.
Financial world 2022 is digital, and yes whales buy OTC Stocks long-term, not to trade, but as a HOLD for Exit when they elevate to NASDAQ. They like the Company product, the management , the CE removal and the outlook.
More misinformation and no facts.
How are there many posts when there can be no citations after one month? There are also posts on funding, debt renegotiation, and dismissal all echoed in 10-K.
No accountability at all IMK
Read the MD&A’s since funding documented in Jan 2018 under Judge’s Confidential Order as stated, which also included costs of reaudit. Whales are here for the duration. It took 2 years to find the right long- term investors and they are here for the duration.
Irrelevant how many times bankruptcy is mentioned with no basis, IMO , they like the Company, the Management, the growth and NASDAQ.
The CE is coming down , and good times ahead.DBMM has been current since July,2018. No one is going anywhere.
Stay tuned.
There is obvious proof that has surfaced in lawsuits , and most recently cited by regulators. that another revenue stream for convertible debt beyond discount and interest, is short selling.
GTII , Citadel and Asher being recent examples and lawsuits with several other companies.
Really?? Public information states that network of companies conducting illegal activities fits Asher and fits Citadel.
There are many more.
DBMM was the first Dismissal. Others had to find more circuitous routes like ‘revocation reversed on appeal”, for one.
These are the facts.
It is false that 100% were revoked, as E-Smart was revoked for delinquent filings and then won / decision reversed on appeal. Maranda Fritz was attorney for E-Smart.
What is accurate enforcement recommends revocation everytime. An Inspector General should do a forensic examination as there are companies who have not filed for 5+ year periods. Very sloppy of the SEC.
100% would trigger review of regulation as does not result in due process if result is predetermined.
Another false statement.
A lawsuit being settled for less than principal of loans outstanding, far less than face value is not losing.
Asher no longer in business is not losing.
A network of companies conducting illegal businesses can comes under
RICO. Remember insider traders in the late 1980’s—they went to Federal Prison under RICO.
These are facts not opinions and no facts.
There have always been short sellers, Asher and Citadel. It is false to claim there has never been short sellers as they are in all OTC trading stocks as one time or another.
That is fact or all the agencies would not have banded together to call it a major problem this year. DOJ, SEC, FINRA, OTC Markets etc etc.
My point was to reinforce the overreach of a division in the Commission, which has been a complaint before.
There was no other way as inferred to manage an AP brought about by all the mitigating circumstances acknowledged by Chief Justice Foelak in her dismissal.
IMO the case was handled extremely well and DBMM had no intention ever of agreeing to be revoked . There are no fines associated with Delayed filings and to suggest opinions with no basis is disingenuous.
The extension for the first time ever infers the fact that there is real overreach by enforcement. Not by the Commission, by one of 4 divisions who do not write the regulations.
Legally, the only standing order is the dismissal.
Opinions are not the legal case in hand
IMO DBMM has grit. Full stop.
They chose the right acquisition and Reggie James is well known with awards in the industry all his adult life. His first start up was sold to Yahoo and his second successful and sold and Digital Clarity is positioned and the relationships are there.
It will all come together after CE drops and growth begins. The long term investors are in place and they have relationships to leverage .
Everybody is ready to go. No distractions, no hurdles, just business.
There has never been an extension provided for delinquent filings—NEVER
No more than ever ordering a suspension for delinquent filings—NEVER
Extensions are for Wells Notices, Cease and Desist Order, Fraud or registration issues. The fact that DBMM has its first extension is there have been real prosecutorial misconduct here. Read Attorney Fritz’s brief from April 2021. It says it all.
DBMM will prevail—they have their long term investors in place who want growth and NASDAQ.
Stay tuned.
DBMM has been unduly damaged since the 2013 mandated reaudit . A waste of time and money.
Sanctions: never has there been a suspension, NEVER. That means the argument of mandated sanction does not have standing because it had never been ordered.
That means in the logic stated , everyone gets revoked. Nope, can’t do that either as that would be lack of due process. If result is absolute and is the same , than it must be legislated as same.
DBMM proved itself years ago, and Judge Foelak as the Chief Justice acknowledged and took all issues into consideration as she stated in her decision,
Lastly, real estate and financial results coming we well excited for next week.
Expansion plans will be addressed
More information is coming on debt reduction
This coming week, GRST will have big announcements for shareholders. Please see link below.
Coming this week, updates on financial results, audit, debt reduction, expansion plans, and real estate. $GRST
— Ethema Health (@HealthEthema) February 27, 2022
No revisionist history allowed.
The acquisition and intended subsequent growth of digital clarity as the digital marketing foundation of DBMM was stymied by the reaudit mandate. Overreach at the onset.
DBMM will grow the Company significantly and not by the manufacturing model described. Increased revenues will be reinvested in the business. The digital model overrides old metrics.
Comparison of profit by behemoth American public companies:
Amazon: 7.4%
Walmart:24.8%
One size does not fit all.
The reward for shareholders will be a successful growth journey to NASDAQ with no distractions.
Visualize a world —-
-with no distractions
-no debentures since 2015
-long term investors for growth
-OS same since 5/18/16
This is DBMM, once CE removed, and the road to NASDAQ finally is able to begin.
Interesting data to peruse in the SEC Annual Litigation Results :
In 2021, there were 120 cases of delinquent filings, or 17% of 697 total SEC cases. In 2019, the year of DBMM’s Dismissal , there were 126 cases or 14.6% of 862 cases. In 2017, the year of DBMM’s OIP/AP there were 112 cases or 14.6% of 754 cases.
See the chart from 2021 so you see focus. Late filings are a de minimus percentage compared to the other categories which make money for the SEC. Yet the similarity in absolute numbers is almost a quota system.
Sharing a notation on this category:
“…typically micro cap—that were delinquent in Commission filings.”
IMO, DBMM ‘s mitigating circumstances were an anomaly and as such warrant a Final Order of the Nov 12,2019 Dismissal.
https://www.sec.gov/files/2021-238-addendum.pdf
And loads of speeding tickets are dismissed. Nothing in rules / regulations is absolute, there is judicial discretion. Always is—
To the SEC Enforcement, delinquent filings is an add-on win as they have 99% win. Good for their performance statistics on which Congress provides funding.
I am addressing your previous comments that there are only 2 sanctions available when a company’s filings are late:
Revocation or suspension: I am asking for evidence of cases where a sanction of suspension has been ordered by the Commission.
Evidence ? Give proof of one case of delinquent filings whose sanction was suspension.
Due Process requires different outcomes. Time for a bright light.
DBMM had late filings, it also had proven cited and stated mitigating circumstances, including costs documented and provided as evidence.
There is judicial discretion after a Chief Justice has weighed the evidence as Judge Foelak stated she did in her decision to Dismiss.
Or could be the opposite, and if targeting hedge funds and short sales, they may hit large funds like Citadel, and the OTC companies they have been the market maker for.
That is more manageable that targeting deep pocketed NYSE and NASDAQ firms.
Think about that approach, after all Citadel is the largest market maker in the OTC.
What is clear, let’s read everything coming out every day on the evolving regs and not focus on the past.
The amendments to the 15c2-11 affected the OTC and eliminated many companies who had been trading without providing current public information and acknowledged that DBMM was Pink Current.
Just following up, asked for citations for whenever the “suspension” sanction was used for delinquent filings? Where are they? Where is the evidence?
It has never been used, yet referred to many, many times as an alternative in your posts.
Enforcement has overreached and it is time that a bright light has finally been shown.
From NYT Feb 26, 2022 Business Section:
“SEC Targets Short Sellers On Proposals on Reporting.”
They can run, but they can’t hide.
https://www.nytimes.com/2022/02/25/business/sec-short-selling.html
It was the a fraudulent pump because the civil case judge was not “disclosed to” that a Federal Consent Decree was signed by CK/Asher within 2 days of CK signing the Motion to turnover a subsidiary of DBMM.
An omission is still considered fraud. Asher fraudulently received the order, than posted it to maximum negative effect .
That is quintessential negative pumping!
Glad this was posted from the filings as indeed this is the start of the turn away from Convertible Debentures as has taken place.
The date is April, 2016. See last several Updates:
-No Convertible Debentures issued since 2015
- Last Converted share issued May, 2016.
-Shares constant since that date
-New long-term investors brought in to cure late filings starting Oct 2017
-Documentation of funding and cure preparation filed confidentially with Judge’s Order Jan 2018.
The Company cured and each step was successful , dismissal, removal to CE, normal trading, then growth and goal of NASDAQ.
Just keep reading the Updates and the filings, particularly the MD&A .
Could list hundreds of companies who changed course. All much larger than DBMM. Then to have SEC reaudits, DBMM tenacity and prevailing is obvious.
Let’s apply simple law and logic:Even banks or the IRS or any financial institution do not consider anything earlier than 7 years . Statute of limitations 7 years longest.
Negative cherry-picking of press releases are not “pumping. “ It is transparency. All press releases are public information.
The 10-k described why the ANHL Merger was canceled because they did not meet the Conditions of Closing.
Read the filings. That was then, this is now. Companies modify models, companies act in best interests of their shareholders , publicly announce and investors make their own decisions.