Thursday, January 10, 2008 1:39:16 PM
The Commission conducts its investigations on a non-public basis to preserve the integrity of its investigative process as well as to protect persons against whom unfounded charges may be made or against whom the Commission determines that enforcement action is not necessary or appropriate. Subject to the provisions of the Freedom of Information Act, we cannot disclose to you any information which we may gather and we cannot confirm to you the existence or non-existence of an investigation, unless made a matter of public record in proceedings brought before the Commission or in the courts.
The above statement doesn't supports this:
"they looked at them and found them to be legitimate"
There is no mention of GBDX in this reply by the SEC, nor any hint of the an inquiry leading them to a conclusion of legitimacy. The reply is only a general statement of SEC policy, nothing more.
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