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Tuesday, December 06, 2022 10:15:17 AM
As already stated - the "final decision" we are waiting for is NOT whether or not DBMM was guilty of violating the filing statutes. Foelak herself already plainly stated that! It is RIGHT IN the Initial Decision.
The final decision we are waiting for is whether or not Foelak used the correct information in coming to her decision and whether or not her decision is in keeping with the regulations governing the sanctioning of severely delinquent filers.
From the PFR:
ISSUES FOR REVIEW
1. Did the Law Judge err by failing to follow the standard for determining sanctions in a·
Section 12(J) proceeding as set forth in lmpax Laboratories, Inc., Rel. No. 34-57864 (May 23, 2008) and Absolute Potential, Inc., Rel. No. 34-71866 (Apr. 4, 2014)?
2. Did the Law Judge err by concluding that Respondent had cured its initial filing
failures and was current on its reporting obligations, despite Corp Fin's opinion to the contrary?
![Bearish](/static/images/ih2-bear.png)
I keep telling myself....deep breath....count to ten....try to answer without personal attack...if available, always try to present fact to back up your opinion.
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