virginian: With all due respect, I have to disagree with your statement that RA has not had the opportunity. He's had three opportunities:
In affidavits provided to Judge Lynch in the SEC case, RA could have provided that evidence. Instead, Gunderson alledged in one of his afficavits that he believed that it was possible that at least a trillion shares we naked-shorted, but provided no evidence of that assertion.
In the case RA filed against the SEC in Florida, RA's whole suit was based essentially on the theory that the SEC was retaliating against him to protect the NSSers, yet he profided no evidence as to the NSS position, and identified the NSSers as "John Does." The part of the suit that was against the SEC was dismissed out of hand by the judge. However, RA was allowed to refile the suit against the NSSers by a certain deadline, if he use the NSSers real names.
RA and Gunderson claim that the BK court gave them permission to issue as many shares as needed to counter the affect of the NSS on the company's market cap. RA could have provided the evidence of the NSS position in support of that claim, to back up his contention that the shares were legitimately issued, yet he didn't.
There is also this: As part of the SEC's original charges against RA et al, they had an audit of the NSS position done to backup their charges that RA was falsely claiming a large NSS position existed. That audit showed that at that time, a 'de minimus' NSS postion existed - I believe it was either 356,000 or 357,000 shares. Of course, some will believe that this audit was an outright lie by the SEC in a sworn court document, but I chose to believe otherwise, particularly since in order for the SEC to be so deceitful about everything that people believe they are, then everyone at the SEC has to be in on it.
Documents exist that back all of this up, but it would take a very long time to track down some, particularly all the affidavits RA and Gunderson provided (there are over 200 different docs filed with Judge Lynch), and a copy of the suit RA filed in florida. So you'll have to take me at my word on those, or just assume it is all in my opinion, because I won't spend that time, even for you.
