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Thursday, November 04, 2010 9:31:50 AM
30. From April through July 2009, the Defendants, directly and indirectly, by use of
the means and instrumentality of interstate commerce, and of the mails in connection with the
purchase or sale of securities, knowingly, willfully or recklessly:
(a) employed devices, schemes or artifices to defraud;
(b) made untrue statements of material facts and omitted to state material facts necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or
(c) engaged in acts, practices and courses of business which have
operated, are now operating and will operate as a fraud upon the
purchasers of such securities.
31. By reason of the foregoing, the Defendants directly or indirectly violated and,
unless enjoined, are reasonably likely to continue to violate Section 10(b) of the Exchange Act,
15 U.S.C. § 78j(b), and Rule l0b-5, 17 C.F.R. § 240.
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