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Thursday, June 01, 2023 8:34:16 AM
No. That is TOTALLY INCORRECT.
The SEC lawyers from Enforcement PROVED their case. The ALJ actually came right out in her Initial Decision and stated EXACTLY THAT. She said the "OIP had been PROVEN" and that DBMM had violated the filing statutes. THAT was the whole point of the OIP!
It was FOELAK who screwed up the Initial Decision. The regs are clear. When the OIP was proven and Foelak admitted that DBMM had violated the filing statutes? BY REGULATION, there was only TWO rulings available for her to issue:
1. Revocation
2. Suspension.
Those were the ONLY TWO available choices for her to use, once she admitted theat DBMM was in violation.
She went FAR AFIELED and MADE UP her ruling out of THIN AIR.. It was NOT IN ACCORDANCE with the regulations.
THAT is the whole reason for the generation of the PFR by Enforcement.
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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