Nutra Pharma Corp (NPHC)

[kex0414]

Issue of 12 Jurors. Wrong then; wrong now. The original sidestepped issue was that the jury consisted of 12 jurors, thereby making a win for the SEC nearly impossible. That assumption is incorrect and obsolete. Current 2022 preferred jury size is six. According to your prior post, the lower the jury count, the easier the SEC win.

The 2nd error. The SEC does not lose if there is a hung jury. There will be a new trial scheduled, which virtually never happens in a public sector. trial. Retrial costs and new uncertainties usually prompt settlement by the Parties. The catch here is; What does the SEC lose if litigation drags on?

Not to worry. My delayed response was actually work related. Busy, busy, busy. I wasn't searching everywhere to prove my point. It took 5 minutes to review FRCP 48 and see my error. My involvement has never been in Federal Civil Court; only Criminal. No excuse; I should have verified first. I'll accept that only six jurors are needed and all six need to find Ric/NPHC liable. But, as they say, “easy peasy”.

As an added reminder: didn't the Judge remand some issues for criminal review?