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Wednesday, February 14, 2024 10:17:24 AM
Some reality... that Brett Rosen is trying hard to twist into something its not.
It breaks down to the receiver needs to be a 3rd party that doesn't have an interest in either side. To be fair and impartial. And approved by the court. Not Brett Rosen. Brett has said he is in this to get HIS money back. And even if a receiver appointed him as interim CEO, and I think that is NOT a given, that is solely up to the receiver, Brett would have very little power anyway. The receiver has final say in all decisions. That would include any sort of merger.
This is a good read on receivership.
https://www.munsch.com/portalresource/lookup/wosid/cp-base-4-6096/overrideFile.name=/basic_receivership_law_concepts_article_presentation_pdf.pdf
To Add... Brett Rosen is very much oversimplifying the situation here. It's very complex. He CANNOT just throw the OPTI books out the window and start over with some other companies' books. It's ludicrous to even think that might be possible. The OPTI books need resolution first. All debt, bills, and judgments, shareholders, all need to be accounted for. Brett has said himself there are people coming out of the woodwork claiming OPTI/Roger Pawson owes them something. That ALL needs to be resolved before OPTI can move on to even filing disclosure statements. And lets not forget about the fraud. In the eyes of the law, a company is treated the same as an individual. That means OPTI is just as responsible for the fraud committed as Rodger Pawson is. Fraud that Brett has admitted happened. This will all take a very long time and may never see complete resolution. And remember Alot of the accounting information is missing and likely never recoverable. So, it seems an impossible task. I get the feeling there will be more litigation.
Brett Rosen has been painting a typical OTC fantasy...
Brett Rosen is already fighting with other parties. They are not going to agree to him being the receiver, and I really doubt the Judge would either.
Also any "merger" would need to be processed by FINRA and the SEC. That is very unlikely to happen considering OPTI is under investigation for fraud.
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