Spongetech Delivery Systems, Inc. (fka SPNGQ)

[CYRXorbust]

I emailed the SEC and here is the response I got. looks like SPNG voluntarily informed us about the investigation. the verbiage "securities laws violations by the Company and/or other persons" still confuses me.

Dear Mr. xxxmexxx:

Thank you for contacting the SEC.

No, the subject of an SEC investigation is not required by the federal securities laws to disclose an ongoing SEC investigation in the Form 8-K. You can find a listing of the required disclosures within the form itself (http://www.sec.gov/about/forms/form8-k.pdf).

Leslie M. Garner
Attorney
Office of Investor Education and Advocacy
U.S. Securities and Exchange Commission
-------------------------------------------------------------
Original e-mail:

From: Me [mailto:[e-mail]]
Sent: Saturday, September 26, 2009 12:46 PM
To: TradingAndMarkets; Help
Subject: SEC investigation



If a public company is notified about the SEC commencing an investigation, is that company required to file a form 8-k to inform its shareholders that an investigation has begun? I am an investor of Spongetech (SPNG) and on friday we were notified in an 8-k, which detailed an AS increase, of "..a formal order of investigation issued by the SEC regarding possible securities laws violations by the Company and/or other persons." I wanted to know if the company voluntarily included this information in the 8-k or they were required to do so.

Thank you