Digital Brand Media and Marketing Group Inc (DBMM)

[AaronD]

Like so many of you, I am very hopeful that DBMM will get its stuff together, get out of this mess, and move forward and upward. While it’s still a long shot, I am encouraged by the Division’s post trial brief. Many of the arguments are weak at best.

The Division cited testimony from DBMM regarding investments of $61,000 and $250,000, expected by the company, which is going to give it the capital needed to get current with its filings. The Division then made the argument that DBMM had to “rely on the kindness of strangers to give it money....”. Does the Division not understand the distinction between charity and investment? Does the Division truly believe that some generous person is simply handing DBMM significant money? In fact, the very fact that someone is willing to invest so heavily in DBMM is a pretty good indication that DBMM is not a shell without a future.

In two places, the Division simply called DBMM’s claims meritless without providing any support for that statement. In one instance, the attorney simply claims that the Division was unable to find any support or explanation for DBMM’s argument. Not finding a case or other legal analysis performed by another person does not excuse a lack of briefing the issue. In another instance, the Division cites a case that BDMM relied on but argued that the case was inapplicable to this case. The Division provided no support for that statement or even an explanation regarding the issues presented in that case and why it was inapplicable. Conclusory statements without support do not bolster an argument.

Go DBMM. Keep fighting.

The link to the post trial brief is below:

https://www.sec.gov/litigation/apdocuments/3-17990-event-64.pdf