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Saturday, August 05, 2023 12:47:56 PM
3. In June 2000, Old Dominion agreed to sell stock in a private placement offering conducted by Investment Recovery Network, Inc., a Tampa, Florida company controlled by Magnan. At the time, Kennedy was aware that the Commission had barred Magnan from association with any broker or dealer.
4. Between June 2000 and December 2000, Old Dominion, aided and abetted and caused by Kennedy, unlawfully permitted Magnan to become associated with the firm in violation of the Commission's 1995 Order. During that time period, Kennedy operated Old Dominion's Tampa office from Investment Recovery's headquarters and met with Magnan daily to discuss the Investment Recovery offering. Further, Magnan paid all of Old Dominion's expenses related to the Investment Recovery offering, including rent and secretarial services, and referred potential investors to Kennedy. With Kennedy's knowledge, Magnan also conducted a one to three hour sales presentation to potential investors, effectively making the sale of Investment Recovery stock to these investors.
5. As a result of the conduct described above, Kennedy willfully aided and abetted and caused Old Dominion's violation of Section 15(b)(6)(B)(ii) of the Exchange Act, which prohibits a broker or dealer to permit a person barred by the Commission to become or remain associated with the broker or dealer without the consent of the Commission.
https://www.sec.gov/litigation/admin/34-47403
Not surprisingly, you failed to mention the jury REJECTED almost 100% of the SEC claims mentioned in the complaint you linked. What was that about an agenda or partial truth?
Jury reached a verdict in favor of the defendants as to Counts 1-5, 7-14, and in favor of the Plaintiff as to Count 6.
https://nclalegal.org/wp-content/uploads/2021/07/SEC-v.-Spartan.-Verdict.pdf
David Lopez, who was charged the most (14 counts) was completely exonerated.
The only count where liable was found (Count 6…..see above) was in filing a Form 211, and it was never specified what the error was.
Glad Micah fought and we found out much of what you’re re-lying on was proven to be bogus.
Reminds me of when Kyle said they were on “the wreck” at Melbourne.
You’re a good fit with SFRX.
Since it was never disclosed what the error in filing the Form 211 was, it might be challenging for the SEC to make a case in the appeal since that’s now all they have.
We’ll see.
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