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Re: knowlesmsncom post# 79073

Friday, 06/29/2007 6:11:44 PM

Friday, June 29, 2007 6:11:44 PM

Post# of 82841
knowlesmsncom: Regarding the missing third charge. Here's an account of the original charges taken from the criminal docket:

KNOWINGLY AND WILLFULLY, AND WITH INTENT TO DEFRAUD, DIRECTLY AND INDIRECTLY, IN CONNECTION WITH THE PURCHASE AND SALE OF CYBERKEY SOLUTIONS INC. STOCK, DID THE FOLLOWING: (1) EMPLOYED A SCHEME TO DEFRAUD; (2) MADE UNTRUE STATEMENTS OF MATERIAL FACT AND OMITTED TO STATE MATERIAL FACTS NECESSARY TO MAKE THE STATEMENTS MADE, IN LIGHT OF THE CIRCUMSTANCES UNDER WHICH THEY WERE MADE, NOT MISLEADING; AND (3) ENGAGED IN ACTS, PRACTICES AND COURSES OF BUSINESS THAT OPERATED AS A FRAUD AND DECEIT, ALL IN VIOLATION OF TITLE 15:78j(b), 78ff

It looks like the criminal indictment rolled two of the original charges into a single charge (for example, 1 and 3 are, afterall, directly related to each other).

http://www.sec.gov/litigation/litreleases/2007/lr20171.htm

No charge has disappeared as far as I can see. The indictment seems to cover all of the same ground as the original charges.


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