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Re: Doogrof post# 13812

Sunday, 01/20/2008 4:50:02 PM

Sunday, January 20, 2008 4:50:02 PM

Post# of 18151
Bud recently commented on notes from the hearing. Additionally, Josh, Need and I think Jking also picked up on something that Lynch said at the hearing. Lynch had asked Tifford and Gundy's attorney if they had filed an appeal for a stay of contempt. This was in the context of RA and Gundy trying to stall the proceedings by providing limited information right before a proceeding which does not allow the SEC or Lynch time to review the materials, causing the proceeding to be worthless.

Lynch wanted to go on record for any appellate judge that such a late minute filing (for a stay of the contempt charge) should be viewed in combination with the history of last minute filings and general lack of cooperation by the defendants. Although, Lynch did say they have their right to seek a stay, as well as, appeal any contempt finding.

Tifford said that he did not file for a stay for "professional reasons". Not being an attorney, I think there is some meaning to not seeking the stay.

Also, if the crew is found to be in contempt, does an appeal of such charge stop the hearing by the appellate court on the main two issues (i.e. selling unregistered shares and jury trial).

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