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Re: None

Monday, 03/27/2017 9:03:08 AM

Monday, March 27, 2017 9:03:08 AM

Post# of 116862
This is what the SEC has to say about that ridiculous "33 million suit"

VI. Defendants’ Appendix “G” (Letter from Counsel) is Inadmissible and Should Be Stricken.

Appendix G is a letter from Henry Klein, counsel for Defendants, dated November 7, 2016, to certain Commissioners of the Securities and Exchange Commission. The letter outlines a purported “Shareholders’ Derivative Action” by an unnamed and unidentified client Klein refers to as the “Treaty Energy Shareholders’ Derivative Action Committee (‘TESDAC’)” against the SEC, demanding $33 million in “damages” for the SEC’s alleged “abuse of power” in bringing an enforcement action against Treaty and its Officers. Aside from the facially ridiculous nature of the letter and the obvious conflict of counsel such a representation would present, counsel represents in the Motion that this letter represents a “claim before the Commission,” as if it is a pending lawsuit or administrative proceeding, which it is obviously not. (See Defs. MSJ at p. 1 [Doc 179].) The letter is uncited in the Brief, so there is no indication as to what relevance Appendix G has to any argument, claim, or defense. Nonetheless, a frivolous demand letter by counsel representing an anonymous client against a federal government agency is not evidence of any sort, is irrelevant to any claim or defense in this matter, and should be stricken. The Court should disregard this document to the extent it is presented as “evidence” contained within Defendants’ Appendix.


https://drive.google.com/file/d/0B8fPIL-cKPM-NFhDM3BXS2N1bzQ/view

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