NorthWest Biotherapeutics Inc (NWBO)

[pqr]

Flex- in Harrington v CIBC, a judge sitting in the same court as the nwbo case denied those defendants’ argument that trading for customer accounts could relieve those defendants from possible liability for the spoofing claims against them at the MTD 12.b.6 stage: That defendants trade for customer as well as their own accounts “does not undercut the … numerous allegations that Defendants designed and operated the algorithms that spoofed.” 2/9/22 Opinion and Order, Slip op at 10.

Also I am unaware of caselaw excusing unlawful conduct on the basis that, “somebody paid me to break the law.” Further I am skeptical that our defendants
can produce many customer orders that basically direct defendants to engage in order entry and trading activities that constitute spoofing. Any such customers shown in CDEL and other defendants’ discovery disclosures who DID so direct their brokers might conveniently be referred to in the future by another name: “Co-Defendants.”