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Tuesday, September 28, 2021 10:16:57 AM
That would be determined based on whether or not there was a basis for that PR. That basis can’t be “well we just thought $50 million was a good number.” You don’t just get to file random PRs that have no basis in reality. So, in the case of a lawsuit, a court would look at the facts and circumstances and determine whether or not the events discussed in the PR were connected to some kind of transactions that were likely to occur. If not, it could be considered market manipulation.
The SEC rarely enforces these rules because it’s the OTC market and everyone is doing it.
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