Response: "Somebody should give these guys AYSI's number... "
But Gene wants all! And shareholders have rolled over and played dead!! Gene thinks he can get away,again and again,as he has for years in the past. To stop him cold,I believe among PR releases,there were plenty of lies,making the management liable under Section 18(a) and an easy way to insure shareholder protection for further abuse,e.g. if he decided to go PRIVATE at shareholders expense!
Or call
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References:
Section 18(a) applies to claims for materially fraudulent statements in a company's SEC filings that caused an investor to invest. Section 18(a) provides for a private right of action for actual purchasers or sellers of the security at issue. The plaintiff must prove that he or she did not know that the statement was false or misleading, that he or she actually relied on the statement when buying or selling the security and that the price of the security was affected by the fraudulent statement. Any person who made a false statement or caused it to be made, as well as aiders, abettors and control persons can be held liable. Good faith is an affirmative defense to a claim under Section 18(a). The burden is on the defendant to prove that he or she acted in good faith with no knowledge that any statement was false or misleading.
