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Sunday, 08/08/2010 9:43:34 AM

Sunday, August 08, 2010 9:43:34 AM

Post# of 346917
SPNG is steeped in NSS...whether it gets revoked or is back on its feet.....but why doesn't the law help the retail investors?? Cuz...

"The body of securities law at the federal level is so stacked in favor of the industry that it is almost impossible to successfully sue for securities fraud in federal court.

For example, in a normal fraud case, a complaint can be filed based upon “information and belief” that a fraud has been committed. The court then allows the plaintiff to subpoena evidence and depose witnesses, including the defendants. From this discovery, the plaintiff then attempts to prove his case.

Federal securities fraud cases can't be filed based upon “information and belief”; you must have evidence first in order to not have the complaint immediately dismissed for failure to state a cause of action. This information is not available from the defendants (see above) without subpoenas, but you can't issue a subpoena because the case gets dismissed before discovery is opened.

This is only one example of the terrible inequities that exist in federal securities law.
"

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