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Thursday, May 08, 2008 10:07:16 AM
Ok you doubting Thomases here's the email I received.
So much for ''...the SEC only replies by Form letter."
* * *
Dear Mr. ....
Thank you for your email and taking the time to alert us to your concerns. We welcome the opportunity to review your comments.
Please be assured that we will carefully consider the information contained in your correspondence. However, we cannot tell you whether or not we will-or have already begun to-look into the issues raised in your correspondence. This is because the SEC generally conducts its investigations on a confidential basis. We also cannot provide you with updates on the status of your complaint. We know this policy can be frustrating, but it protects the integrity of our investigative process and preserves the privacy of the individuals and entities involved. Our policy is more fully described below.
In this regard, you should know that both federal and state securities laws provide important legal rights and remedies if you have suffered wrongdoing. Acting on your own, you may be able to resolve your complaint through the courts. Please do not view any steps that we may take as a substitute for taking legal action on your own: our efforts may not produce a satisfactory result, and by law we cannot act as your lawyer.
To take advantage of these laws, you must initiate legal action promptly or you will lose your legal rights to recover funds. These time restrictions, known as "statutes of limitations," vary by state, with some states allowing more time for investors to take action than others. The federal securities laws require that you must bring a court action within two years of the date when you should have reasonably discovered the wrongdoing, but in no case later than five years from the date the wrongdoing actually occurred. You may wish to consult a lawyer specializing in securities laws to determine what types of further recourse may be available to you in this situation.
We hope this information is helpful.
Once again, thank you for your correspondence. Investor complaints alert the SEC to securities fraud and abuse and are often the first indicators of wrongdoing. I hope this information proves helpful to you.
Sincerely,
Amy Rosenthal
U.S. Securities & Exchange Commission
oiea@sec.gov
**********************************************************************
SEC INVESTIGATIONS
Each year, thousands of investors ask the Securities and Exchange Commission to investigate the activities of other investors, financial professionals, corporations, brokerage firms, investment companies, stock exchanges, and others. These complaints generally suggest some impropriety or misconduct and sometimes make a plea to the SEC for direct assistance in resolving a grievance.
The SEC has the authority to investigate whether violations of the federal securities laws have occurred, and we make every effort to evaluate promptly and thoroughly the information provided by investors. But we cannot investigate every investor complaint. While many investor complaints do lead to full investigations and, if appropriate, to enforcement actions, we cannot guarantee that our review will lead to further investigation or that the SEC will take any legal action.
We also cannot provide you with updates on the status of your complaint or your request for an investigation. The SEC conducts investigations confidentially for two main reasons. First, we can conduct investigations more effectively if they are not announced publicly. For instance, important documents and evidence can be destroyed quickly if people hear of an investigation. Second, we keep our investigations confidential to protect the reputations of companies and individuals if we find no wrongdoing or decide we cannot bring a successful action against them. As a rule, the SEC will not confirm or deny the existence of an investigation unless, and until, it becomes a matter of public record as the result of a court action or administrative proceeding.
When there is proof that someone has violated the securities laws, the sanctions may include financial penalties, orders to surrender profits, cease and desist orders, or an injunction by a court to prevent further violations. The SEC may also bar individuals from working for a securities firm, investment adviser, or investment company. We can also ask a federal court to bar individuals from being officers and directors of publicly held companies. In some situations, we may refer a case to the Department of Justice for possible criminal prosecution.
The SEC publishes news releases about its lawsuits and administrative actions, and the news media often report on them. You can read and download the SEC's news releases on our website at www.sec.gov/enforce.htm. Or you can obtain hard copies by contacting us at:
Office of Public Reference
100 F Street, NE
Washington, DC 20549-0102
Phone: (202) 551-8090
Fax: (202) 777-1027
E-mail: publicinfo@sec.gov
So much for ''...the SEC only replies by Form letter."
* * *
Dear Mr. ....
Thank you for your email and taking the time to alert us to your concerns. We welcome the opportunity to review your comments.
Please be assured that we will carefully consider the information contained in your correspondence. However, we cannot tell you whether or not we will-or have already begun to-look into the issues raised in your correspondence. This is because the SEC generally conducts its investigations on a confidential basis. We also cannot provide you with updates on the status of your complaint. We know this policy can be frustrating, but it protects the integrity of our investigative process and preserves the privacy of the individuals and entities involved. Our policy is more fully described below.
In this regard, you should know that both federal and state securities laws provide important legal rights and remedies if you have suffered wrongdoing. Acting on your own, you may be able to resolve your complaint through the courts. Please do not view any steps that we may take as a substitute for taking legal action on your own: our efforts may not produce a satisfactory result, and by law we cannot act as your lawyer.
To take advantage of these laws, you must initiate legal action promptly or you will lose your legal rights to recover funds. These time restrictions, known as "statutes of limitations," vary by state, with some states allowing more time for investors to take action than others. The federal securities laws require that you must bring a court action within two years of the date when you should have reasonably discovered the wrongdoing, but in no case later than five years from the date the wrongdoing actually occurred. You may wish to consult a lawyer specializing in securities laws to determine what types of further recourse may be available to you in this situation.
We hope this information is helpful.
Once again, thank you for your correspondence. Investor complaints alert the SEC to securities fraud and abuse and are often the first indicators of wrongdoing. I hope this information proves helpful to you.
Sincerely,
Amy Rosenthal
U.S. Securities & Exchange Commission
oiea@sec.gov
**********************************************************************
SEC INVESTIGATIONS
Each year, thousands of investors ask the Securities and Exchange Commission to investigate the activities of other investors, financial professionals, corporations, brokerage firms, investment companies, stock exchanges, and others. These complaints generally suggest some impropriety or misconduct and sometimes make a plea to the SEC for direct assistance in resolving a grievance.
The SEC has the authority to investigate whether violations of the federal securities laws have occurred, and we make every effort to evaluate promptly and thoroughly the information provided by investors. But we cannot investigate every investor complaint. While many investor complaints do lead to full investigations and, if appropriate, to enforcement actions, we cannot guarantee that our review will lead to further investigation or that the SEC will take any legal action.
We also cannot provide you with updates on the status of your complaint or your request for an investigation. The SEC conducts investigations confidentially for two main reasons. First, we can conduct investigations more effectively if they are not announced publicly. For instance, important documents and evidence can be destroyed quickly if people hear of an investigation. Second, we keep our investigations confidential to protect the reputations of companies and individuals if we find no wrongdoing or decide we cannot bring a successful action against them. As a rule, the SEC will not confirm or deny the existence of an investigation unless, and until, it becomes a matter of public record as the result of a court action or administrative proceeding.
When there is proof that someone has violated the securities laws, the sanctions may include financial penalties, orders to surrender profits, cease and desist orders, or an injunction by a court to prevent further violations. The SEC may also bar individuals from working for a securities firm, investment adviser, or investment company. We can also ask a federal court to bar individuals from being officers and directors of publicly held companies. In some situations, we may refer a case to the Department of Justice for possible criminal prosecution.
The SEC publishes news releases about its lawsuits and administrative actions, and the news media often report on them. You can read and download the SEC's news releases on our website at www.sec.gov/enforce.htm. Or you can obtain hard copies by contacting us at:
Office of Public Reference
100 F Street, NE
Washington, DC 20549-0102
Phone: (202) 551-8090
Fax: (202) 777-1027
E-mail: publicinfo@sec.gov
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