"My question is, if Pensley had not issued any previous SpongeTech opinion letters, as he now asserts, then how could a broker have noticed some type of discrepancy?"
It's the old, in some cases extremely effective, courtroom gag: "So, Mr. Pensley, were you lying then or are you lying now?"
In his case, the answer is "both".
He provided 4 distinctly different opinion letters in 2007. His only real regret is having provided them to the SEC with his computer dump.
Here's a better question:
Have you seen any samples of the SM "alleged" forgeries of those letters in any of the court exhibits filed to date?
Me either. Why do you suppose that is?
Unless I missed them, the same filing that provides the Pensley, SM, Halperin Bomart timeline offered exhibits of all opinion letters but those.
Not at the table, Carlos.