InvestorsHub Logo
Followers 126
Posts 11077
Boards Moderated 1
Alias Born 03/17/2005

Re: TenKay post# 66169

Monday, 06/26/2017 3:55:01 AM

Monday, June 26, 2017 3:55:01 AM

Post# of 183214
TenK: Just for fun, play this out w/ me...

Let's hypothetically say we find out down the road here that a share buyback took place.

Let's say also they are being bought back to put in Treasury for future employee stock option packages.

Let's also say that before any share was bought back in the open market to put in Treasury, all of the Preferred shareholders were told of the plan and they give the nod to go ahead.

Let's also say that common shareholders were hinted to the fact that a share buyback was going to commence or possibly already underway via Twitter*.

Who would care enough to start an SEC investigation over it?

Any shareholder?  I don't see that happenning when all classes of shareholders ultimately benefit from execution of the share buyback plan.

Who else?

The State of Colorado?  Who was harmed?  None that I see.  Worth the tax dollars to investigate?  Not that I see.  Anybody benefit?  Lots of folks, yes, even common folk and most certainly the state themselves via increased tax revenue generated through various means tied to Bravatek's success.

How about the SEC?  Surely they would care enough to investigate such an act of benefit to many, and harm to few, if any.

Well, sadly for some, not even the SEC cares, even if they could muster the strength.

https://theintercept.com/2015/08/13/sec-admits-monitoring-stock-buybacks-prevent-market-manipulation/

The Securities and Exchange Commission has admitted that it has no ability to enforce the main rule intended to prevent market manipulation when companies buy back their own stock, and has no intention to do so.


https://www.documentcloud.org/documents/2272283-sec-response-to-baldwin-07132015.html#document/p1

White writes in her letter that the rule is not really a rule at all. Baldwin’s “letter asks for a list of all investigations undertaken by the SEC into possible violations of Rule 10b-18,” White writes, but “because Rule 10b-18 is a voluntary safe harbor, issuers cannot violate this rule.”



Man, that hurts.

*SEC sanctioned communications

lns