The rules are not black and white. The investor relations person you spoke to at the SEC can only tell you what he knows. Each case that comes before the SEC has their own special circumstance that makes it impossible to give a black or white answer.
For instance, if SPNG were to file the 10K they would be compliant with the reg's. But filing the 10K and the SEC allowing it to stand as accurate are two different scenario's. The SEC can not prevent SPNG from filing but the SEC can stop trading if they believe that what is enclosed within it is error laden.
The SEC has their own investigation going that I assure you is going in many directions that exceed that of what Robinson is doing.
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