Global Digital Solutions Inc (GDSI)

[AISI304]

https://www.sec.gov/alj/aljorders/2018/ap-5681.pdf

UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549

Administrative Proceedings Rulings Release No. 5681 / April 11, 2018

Administrative Proceeding File No. 3-18325

In the Matter of Global Digital Solutions, Inc.

Order for Supplemental Evidence and Briefing

On April 9, 2018, I held oral argument to address the Division of Enforcement’s motion for summary disposition, Respondent’s opposition, and the Division’s reply. Respondent’s position, in its opposition and during oral argument, is that summary disposition is inappropriate because there are disputed, genuine issues of material fact regarding the public interest factors used to determine whether to revoke the registration of Respondent’s registered securities. See Opp. at 3-5; 17 C.F.R. § 201.250(b). Respondent has evidenced such disputes with affidavits, including one from Respondent’s new CEO. Opp., Ex. B. In addition to facts disputed in the affidavit, e.g., id. ¶¶ 13- 14, 17(a)-(c), the CEO identified additional material evidence that will be available by the end of May 2018. Id. ¶¶ 18-19 (referring to schedule for filing delinquent reports and paying off settlement with Commission). By June 1, 2018, Respondent shall file an affidavit attaching all such evidence, along with any other evidence then available that supports its position that genuine issues of material fact are in dispute. Respondent’s filing shall be accompanied by a brief of no more than five pages discussing the significance of that evidence to its opposition. By June 15, 2018, the Division shall file a brief of no more than five pages addressing Respondent’s submission and, if circumstances warrant, may attach any relevant evidence. If the Division submits new evidence, Respondent will have until June 22, 2018, to submit a reply of no more than 5 pages.

Jason S. Patil
Administrative Law Judge

To view the above document and other documents (as listed below) which are related to this administrative action, please click on the following link for the SEC Administrative Proceeding File No. 3-18325 at: https://www.sec.gov/litigation/apdocuments/ap-3-18325.xml

Administrative Proceeding File No. 3-18325

Respondents: Global Digital Solutions, Inc.
Documents

Release Date Release Number Other Release Numbers Name of Document

Dec. 26, 2017 34-82404 Order Instituting Administrative Proceedings and Notice of Hearing Pursuant to Section 12(j) of the Securities Exchange Act of 1934

Dec. 26, 2017 AP-5422 Order Scheduling Hearing and Designating Presiding Judge

Jan. 9, 2018 AP-5439 Order Directing the Parties to Hold an Initial Prehearing Conference

Jan. 10, 2018 Respondent's Answer

Jan. 31, 2018 AP-5559 Order Setting Briefing Schedule and Oral Argument

Feb. 15, 2018 Division's Motion For Summary Disposition, with Exhibit A and Exhibits 1-10, (first version)

Mar. 9, 2018 Respondent's Opposition to Division's Motion for an Order of Summary Disposition Against Respondent Global Digital Solutions, Inc., w/Ex. A

Mar. 19, 2018 Division's Reply in Support of an Order of Summary Disposition against Respondent Global Digital Solutions, Inc.

Apr. 11, 2018 AP-5681 Order for Supplemental Evidence and Briefing