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Re: None

Sunday, 03/18/2007 12:01:45 PM

Sunday, March 18, 2007 12:01:45 PM

Post# of 82841
As far as I can tell, and yes IMNSVHO, there are two other individuals besides Jim that can be looking as serious SEC and Justice Department problems: Thomas Heaton and Joel Krautheim.

Assuming that there has been some serious irregularities occurring at CyberKey, I don't see how Heaton can possibly not be involved. Could he possibly be that deaf, dumb, and stupid? I don't think so.

Joel Krautheim, on the other hand, may be able to squirm out of any serious trouble since he would not be involved in day-to-day operations, and could reasonably claim to have been totally dependent on the information he received from Plant and Heaton. But although he could excape SEC and Justice charges, from the standpoint of possible financial liability in law suits, he may not be so lucky.

And the company, itself, should be carrying an insurance policy that could be liable for any damage awards due to neglegence on his part, as well as for Plant, and Heaton.

There is a possible flaw in this scenario - I haven't been able to find the info, but someone on another board, a long time ago, pointed out that the officers of companies registered in the State of Nevada are protected by that state from being sued for financial damages. I just don't remember if that included damages as a result of criminal activity.

Can people go after BA? No. Their job was to pass on information about the company that the company wanted them to do. Did they know that the info was probably bogus? Could be - based on the clientelle they appear to specialize in, assuming anything a company tells them is bogus is very reasonable. But they have no responsibility to investigate that info.

Can people go after the TA? That would be very tough because there is nothing in print from the TA that says anything at all that they can be complacent with. Did they lie to people who called them? Probably. But nobody can prove that.

One interesting possibility for some potential action is Greentree Financial. Assuming, as I do, that Plant has never actually hired them to do any financials, their silence on the question of whether they are doing any auditing for the company, when there is no restriction on their ability to identify who their clients are, plays right into any illusion about the AFs that Plant may be fostering on investors.

If Plant goes, AFs may follow. They should show just how viable the company really is.

So, here we sit, still waiting for the AFs...



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