Friday, January 15, 2010 6:56:50 PM
Whilst I can appreciate your frustration at your loss, fourdamoney, I would caution against legal action.
You wanted some advice from a lawyer - well here's a few bits for free.
I can't think on what grounds you could take action against the company which would give you any chance of success - the burden of proof, particularly in criminal cases, is high. You would have to be able to establish beyond reasonable doubt some clear intention to deceive shareholders. To a frustrated investor that may seem obvious, but any court is likely to view it differently. For a start all plans and intentions are only that - hope and speculation. Not only that, you will also notice the disclaimers published with every PR which will exonerate a company of just about all failure to achieve the stated goals.
Furthermore, the issues of Reverse Split and buyback etc. were also phrased in such a way as to allow a degree of flexibility in their interpretation- hence precluding shareholder redress for perceived non fulfilment.
At this point too, it may seem (highly) unlikely to you or others that the company will deliver on its plans and potential, but for as long as that is even a theoretical possibility, your hands will be tied.
On a non lawyerly point, all should be aware (especially experienced traders) that investments in the pink markets are highly risky. With the huge potential comes huge risk - some you will win, most you will lose. When you lose, take your loss, learn some lessons and move on - hopefully a better, smarter investor.
Spend your money on new investments rather than legal action.
Disclaimer I am no way affiliated or connected with Evolution Fuels or any of its subsidiaries. Neither am I a spy or a pumper - just another ordinary investor.
Thanks for reading,
Red
You wanted some advice from a lawyer - well here's a few bits for free.
I can't think on what grounds you could take action against the company which would give you any chance of success - the burden of proof, particularly in criminal cases, is high. You would have to be able to establish beyond reasonable doubt some clear intention to deceive shareholders. To a frustrated investor that may seem obvious, but any court is likely to view it differently. For a start all plans and intentions are only that - hope and speculation. Not only that, you will also notice the disclaimers published with every PR which will exonerate a company of just about all failure to achieve the stated goals.
Furthermore, the issues of Reverse Split and buyback etc. were also phrased in such a way as to allow a degree of flexibility in their interpretation- hence precluding shareholder redress for perceived non fulfilment.
At this point too, it may seem (highly) unlikely to you or others that the company will deliver on its plans and potential, but for as long as that is even a theoretical possibility, your hands will be tied.
On a non lawyerly point, all should be aware (especially experienced traders) that investments in the pink markets are highly risky. With the huge potential comes huge risk - some you will win, most you will lose. When you lose, take your loss, learn some lessons and move on - hopefully a better, smarter investor.
Spend your money on new investments rather than legal action.
Disclaimer I am no way affiliated or connected with Evolution Fuels or any of its subsidiaries. Neither am I a spy or a pumper - just another ordinary investor.
Thanks for reading,
Red
