Generic,
As if you did not understand the requirements of “legalese” there are certain words and phrases that are required under any circumstances. And, what seems to be obvious in how some of your phrases are structured is that instead of not only obviating yourself to the full context of what is contained in the TNE press release you want to cut out some small nebulous area and stir things with innuendo.
The purpose of the whole exercise in dealing with the crooks and thieves in the manner consistent with their activities that had targeted MXPR/AETE from the beginning as a conduit for the continuing conduct of a much larger set of illegal activities is simple and straight forward – a) the integrity of the company was to be preserved, b) the ability to conduct the business within the established business model was to be reestablished, and c) the investment of the legitimate stockholders and their stock positions had to be protected. I would believe that this is a very important set of points that have been uppermost in everything that has been conducted by the new management staff and consultants to the company.
In you question about the “selectivity” of stock that will be recognized, you might want to consider that 8 months, countless man hours and several hundred thousand dollars have been expended in the investigation that began in January. We do know who is who as to the bona fide stockholders of the company including those who were unfortunately placed in a position of having purchased shares through their personal brokerage accounts where the order was filled from an account at Charles Schwab where 2.4 million shares of the counterfeit stock had been housed specifically to move it into the market as part of the intended stock fraud scheme.
As a matter of making sure that the record is straight, we know that there are shares still out there that were secured through illegal means. The decision was made that those bona fide stockholders, including those who had the misfortune of purchasing counterfeit shares through the Schwab account mentioned above will be made whole in their positions. The fact is that over 800,000 shares of counterfeit stock was moved into the market illegally at the expense of legitimate investors who purchased the stock with their hard earned money – this begs he question why should the fraudsters be able to line their pockets while those who purchased the stock have their investment either severely diluted or completely erased? The option available to the Control Stockholder of the company and the new management was to affect a strategy which was discussed with the SEC, the corporate attorney and several enforcement agencies and put into effect for the benefit of those who would have otherwise suffered some severe economic consequences..
The company has in fact had discussions with individuals who purchased stock which is traceable back to this block that was parked in a known and identified Charles Schwab account and when the purchase was effected the transaction was during a time frame when identified pump and dump tactics were being conducted by the former officers and directors of MXPR/AETE. All of this was done under an well known and identifiable set of methods and procedures using established conduits for the manipulation of the stock through the use of email spam mechanisms established outside of the knowledge or consent of the new management and staff of ATNE.
And to answer the question from your private posting you can rest assured that if it was not clear from the press release – Yes there has been and continues to be a close contact with not only the SEC but several other regulatory and enforcement agencies whereby the spirit and letter of SEC Section 17, Fraudulent Interstate Transactions have been adhered to in the gathering, compiling and delivery of several thousand pages of documents and informational analysis related to how the structure of the targeting of MXPR/AETE was initiated by those former officers and directors and their associates operating for their own accounts without regard for the interests of the investors who they would defraud through their activities. It was found in the investigation that all of this group and the much larger community of their associates had been involved on an ongoing basis in this kind of activity directly associated with the predecessor company to ATNE, MXPR/AETE since from as far back as late 2005. It was also found that a number of parallel stock scam operations had been conducted and that there are several being conducted on an ongoing basis. And, Just so you understand that we do indeed know what would be required under 17(b) since you suggested we might not know or understand the implications of this Section 17 is copied below.
You will find that the Pink Sheets “Disclosure Statement” has been completely rewritten and updated and that the “Caveat Emptor” designation has been removed because of that action on the part of the new management of ATNE and its consultants. Also, a revised and accurate 15c211 filing will be completed within the next 48 hours and it will also be posted to the Pink Sheets as well.
Since as you say, you have never and still do not hold any ATNE stock then I would suppose that your interests in this are primarily academic and I would hope that this short dissertation satisfies you inclination toward having your inquisitive nature satisfied for the moment.
Section 17 -- Fraudulent Interstate Transactions
a. Use of interstate commerce for purpose of fraud or deceit
It shall be unlawful for any person in the offer or sale of any securities or any security-based swap agreement (as defined in section 206B of the Gramm-Leach-Bliley Act [15 USCS § 78c note]) by the use of any means or instruments of transportation or communication in interstate commerce or by use of the mails, directly or indirectly--
1. to employ any device, scheme, or artifice to defraud, or
2. to obtain money or property by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; or
3. to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser.
b. Use of interstate commerce for purpose of offering for sale
It shall be unlawful for any person, by the use of any means or instruments of transportation or communication in interstate commerce or by the use of the mails, to publish, give publicity to, or circulate any notice, circular, advertisement, newspaper, article, letter, investment service, or communication which, though not purporting to offer a security for sale, describes such security for a consideration received or to be received, directly or indirectly, from an issuer, underwriter, or dealer, without fully disclosing the receipt, whether past or prospective, of such consideration and the amount thereof.
c. Exemptions of section 3 not applicable to this section
The exemptions provided in section 3 shall not apply to the provisions of this section.
d. Limitation
The authority of the Commission under this section with respect to security-based swap agreements (as defined in section 206B of the Gramm-Leach-Bliley Act [15 USCS § 78c note]) shall be subject to the restrictions and limitations of section 2A(b).
