Thursday, January 19, 2017 12:47:58 PM
I also looked at your earlier link (http://policydialogue.org/files/events/Lorin_investment_protection_bureu_1.pdf), a law firms discussion of the Act (https://www.dechert.com/files/Publication/a4def5dd-77bf-48ae-bead-491bfcb9142c/Presentation/PublicationAttachment/dbeb2852-2e00-49d6-971f-4c2db9674658/FS_2004-04.pdf) and a number of news items discussing cases where the Martin Act was used.
Those things didn't answer my question....they were the reason for it:
How can the Martin Act be applied to Mako and/or Rosen?
I couldn't find an example of its use against similar entities in similar circumstances.
I understand that some believe that the fact that Rosen brings inadequately researched class actions based on the writings of an admitted short seller strongly suggests some illegal activity on their part and perhaps unknown others. And I understand the desire to solicit an effort on the part of some enforcement and/or regulatory agencies to investigate that activity. What I don't understand is how the Martin Act can be used and why I can't find a single similar situation in which it has been used. The defendants and the cases I looked at don't match the nature of the offenses that you seem to be attributing to Rosen, Mako, etc.
I don't know that the Martin Act can't be used here, but what I've read and what you have provided don't make it clear to me that it can.
‘There are none so blind as those who will not see. The most deluded people are those who choose to ignore what they already know.’
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