Drinks Americas Holdings, Ltd. (DKAM)

[sneaky_peaky]

Well, it might just be time for my little gift to those long time shareholders who would like nothing better than to cash in on their investment in a big way. At the same time, they would like nothing better than to see a certain few never make a dime on this stock.

The SEC holds a pretty clear stance on insider information, trading on insider information, and tipping of inside information. The SEC holds clear that being in possession of inside information in no way constitutes a crime in any way. Even a shareholder of a publicly traded company can come into possession of material non public information and the SEC cannot prosecute anyone WHO DOES NOT PLACE A TRADE OR who "cancels" a planned trade in theory on a stock.

For instance, if I came to know of information from a third party who may or may not have been talking to, or overhearing conversations by officers of DKAM, that would easily see the price of DKAM rise above $1.00, and more in line with a price of $2-$3 or more in very short order as a result, the only way that information could be pursued as insider trading is if I actually made a trade based on that information. Additionally, if I, or others had planned to take profits on DKAM at $1.00 but chose to wait knowing the price was going over $3.00, then cancelling that trade "in theory" also does not consitute a crime

If I chose to share that information on this board, then no one could make a trade based on that information. That means anyone who then loads up on that information would be guilty of trading on material non public information. But that would also only be true if the information were to prove factual through information released in an 8K or by conference call or by Annual Shareholders Meeting. (DKAM can release ANY information they wish to at an Annual Shareholder's Meeting because DKAM Shareholder Meetings are open to the public with the SEC's advance guidelines for notice being met. So, that also refutes the previous claims here that PK could not tell people things at a SH meeting that he didn't release to everyone else. Yes, he most certainly can).

What this ALSO means is that once I put this information on the board, no one who is sitting with ZERO shares will be able to buy shares in DKAM and take advantage of that news until it is made public. Additionally, anyone who is short DKAM stock and covers based on the non public news posted here will also be guilty of trading on inside information as it relates to tipping. They will have no defense that the trades they made up until that news is released was not based on the news as it was posted here...even if that news is 3 months, or even longer from now.

It would be assumed that any regular poster on this forum would be in receipt of that non public information whether or not they chose to comment on it. Therefore, any trades they make would violate the rules, and they would be prosecutable for trading on inside information in DKAM.

Now, I have to decide just when to post it to get the most bang for the buck" so to speak.

And please don't try to argue all the mumbo jumbo otherwise. The rules are clear. Anybody else would just look stupid arguing otherwise.

Based on this reasoning, the Commission held that a broker who traded while in possession of nonpublic information he received from a company director violated Rule 10b-5. The Commission adopted the "disclose or abstain rule": insiders, and those who would come to be known as "temporary" or "constructive" insiders, who possess material nonpublic information, must disclose it before trading or abstain from trading until the information is publicly disseminated.

Several years later in the case of SEC v. Texas Gulf Sulphur Co., a federal circuit court supported the Commission's ruling in Cady, stating that anyone in possession of inside information is required either to disclose the information publicly or refrain from trading.25 The court expressed the view that no one should be allowed to trade with the benefit of inside information because it operates as a fraud all other buyers and sellers in the market.26 This was the broadest formulation of prohibited insider trading.

http://www.sec.gov/news/speech/speecharchive/1998/spch221.htm

It's the least I can do for all our friends who hold zero shares. And for those who have had two years to get all the shares they want.