Just Saying...
I understand the position of saying that everyone should have been able to take one look at that chart and see that their is risk. And I would have to agree. And I do not agree with everyone wanting to sue everyone for their own stupid mistakes. But, the part I do not agree with is that some people on this board seem to act like because it is a risky investment due to all different types of fundamental factors. (which it is) that somehow dismisses management and especially the BOD from keeping up their end of the bargain which is their fiduciary duty to the shareholder. Now that I do expect them to do. This is not a charity.
Like for example right before the move to OTC when still trading on Nasdaq in a statement put out from management they said.
(SEP. 13. 2017)
"The Company plans to file a Form 25 with the Securities and Exchange Commission (the "SEC") approximately 10 days after the date hereof and expects that its common shares will cease trading on NASDAQ on or about September 22, 2017"
"The Board of Directors determined that an orderly transition to the OTCQB is in the best interests of the Company and its shareholders."
Then the next day after market close they put this out.
(SEP. 14 2017)
"after conversations with both Nasdaq and OTC Markets, the Company is able to effect the change in listing to the OTC Markets more quickly than anticipated. The Company's common stock will commence trading on the OTCQB on September 15, 2017 under the symbol "DCTH"."
They put out a statement telling investors that they were going to something that was A)"In the best interests of the company and its shareholders" and B)The proper desisting procedure according to SEC rule 12d2-2.
So shareholders thought they had time to see the fluctuations of the market over the next 10 days or so and could have time to do proper research and digest the information and decide to either stay or over the next week or so time their exit if so desired. But no. The company after leading shareholders to believe they had at minimum 10 days after form 25 was filed with the SEC. Drops the, oh yea about doing what is best for shareholders, and by all common interpretations of SEC rule what was required. We are not going to do that. We are accelerating de-listing and we begin trading OTC tomorrow.
They said that they were voluntarily desisting from Nasdaq. (So form 25 would be required before they de-listed) And then later on claimed that they did not file a form 25 before being desisted because they were not voluntary de-listed. They claimed Nasdaq de-listed them involuntarily due to being under the 1.00 minimum and getting final notice. And that final notice in a sec filing sometime in August served as their notice.
So how are you Voluntarily moving to OTC in an orderly manner for the best interest of the company and its shareholders on one day and the next day under your own voluntary actions making a decision that de-lists you faster in an un-orderly manner and the timing of not only the misleading previous PR but also the next PR intentionally timed to trap shareholders by releasing the statement after market hours.
And then later find that they circumvented the SEC Rule 12d2-2 by claiming they were de-listed "involuntarily".
Sorry but if you have the option to do what is best for your company and for your shareholders which is what they said they were in the process of doing which was Voluntarily de-listing in an orderly manner. (In the BOD'S own words!) And then take action, under their own free will to do something to trap shareholders in a way that can only be seen as a revenge type maneuver by management and the BOD in retribution for the failed RS vote that embarrassed them and exposed their complete failure as leaders.
By taking an action to accelerate the de-listing by having Nasdaq involuntarily de-list the company. Their was no need for the acceleration. It was just a blatant circumvention of SEC law. And IMO since action was taken voluntarily to cause something to involuntarily happen than the entire act by the company is Voluntary by its very nature. You cant push one domino over and tell me you did not push them all down. Yes maybe gravity "involuntarily" kept the motion going. But your initial action set the chain of events in motion. And that initial action was Voluntary.
And this is only one example.
I have many more. But I will spare you.
The point is that it is hard enough to invest in company's that are fundamentally risky and navigate though all the weeds and find diamonds in the rough. It is tough work and still risky but that risk we can live with. But that is different than having a company who takes action against its shareholders in a vindictive manner for retribution. And always needs more money and more money and yet they never produce any positive results in SP for shareholders but always give themselves bonuses for good performance. Granted there have been some decent fundamental developments taking place that I am encouraged by. But, how could anyone look at that stock chart with a straight face and justify giving yourself a huge bonus for good performance. Fundamentals don't mean anything if the company sabotages its own shareholders. Lets face it, not many investors are here because they care about curing cancer. They want to make money. This relationship only works if it can be mutually beneficial. But they feel they have no need to keep up their end of the bargain. The way they structured the company they have no fear of retribution from shareholders. If this CEO would communicate with shareholders like any respectable CEO and have conference calls and update investors on positive news and even just explain their plans moving forward. For investors to have their only form of information/interaction with the company to be sifting through some 200 page convoluted SEC filing is insane. I would guarantee the SP would be 50% higher maybe more just off of better communication alone.
And for the CEO to take a look at their financial situation and realize maybe just maybe they don't deserve to be paid 500,000 dollars a year and be getting bonuses for performance when they are asking for more money and their has just been a 98% drop in the company's value. I feel like we are dealing with some crazed corrupt dictator of some 3rd world country. I mean, who does a 350:1 reverse split and watches their SP go from 10.40 to 1.00 withing a week and then start diluting 222M shares starting at 1.00 and have price go to 5 CENTS the next week. And never say a word. Oh and also give themselves another raise. Why not go ahead and buy yourself a golden toilet while you at it.
I M F#%King O
Your Welcome.
AI
