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Re: Bsav88atty post# 17085

Thursday, 04/17/2014 12:38:26 AM

Thursday, April 17, 2014 12:38:26 AM

Post# of 24848

Says "consulting" not "paid promoter". So no, CHP was wrong.


Unfortunately for SEAN FITZGIBBONS, the only opinion that matters is the SEC's, and they do not agree with you, Bsav.

Specifically, the law is applicable with respect to the NATURE of a compensated individual's behavior and NOT what silly title a company elects to bestow upon him/her. Bobbie-O could have called SEAN FITZGIBBONS "chief-head-cook-bottlewasher" instead of "consultant" and it wouldn't have made one iota of difference to the SEC.

SEAN FITZGIBBONS has been specifically disclosed as having been compensated to provide "investor relations-related" consulting services. That makes SEAN FITZGIBBONS an "Investor Relations Professional" subject to not only iHub's TOS but also Section 17(b) of the Securities Act of 1933. In addition, there is plenty of documented archives of posts/PM's/emails/texts/phone logs/etc that spell out exactly the nature of FITZY's behavior on behalf of SCRC.

For your edification, here is the exact language of Section 17(b):

"(b)
It shall be unlawful for any person, by the use of any means or instruments of transportation or communication in interstate commerce or by use of the mails, to publish, give publicity to, or circulate any notice, circular, advertisement, newspaper, article, letter, investment service, or communication which, though not purporting to offer a security for sale, describes such security for a consideration received or to be received, directly or indirectly, from an issuer, underwriter, or dealer, without fully disclosing the receipt, whether past or prospective, of such consideration and the amount thereof."