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Re: None

Tuesday, 12/28/2010 5:57:57 PM

Tuesday, December 28, 2010 5:57:57 PM

Post# of 42439
ARTS SAFE HARBOR STATEMENT IS LIKELY INVALID

From the start, Eddie Vakser has operated under the delusion that he can say, promise or do anything --no matter how deceptive or ludicrous-- and somehow be magically protected by his bullit-proof "safe harbor statement." But consider this:
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A safe harbor is a provision of a statute or a regulation that reduces or eliminates a party's liability under the law, on the condition that the party performed its actions in good faith. Legislators include safe-harbor provisions to protect legitimate or excusable violations.

Another definition:

Investopedia explains Safe Harbor
1. In the first case, under SEC rules, safe-harbor provisions protect management from liability for making financial projections and forecasts made in good faith.

Another says a Safe Harbor Statement is:

1.A regulation that protects individuals or corporations from the legal consequences of certain actions they undertake. For example, firms filing forecasts with the SEC have a safe harbor from individuals or businesses that use the forecasts and are subsequently damaged (that is, they lose money), as long as the forecasts were prepared in good faith. Taxpayers are offered safe harbor for favorable tax treatment of certain transactions by following guidelines issued by the Internal Revenue Service.

Here is the SEC page on this:
http://www.sec.gov/divisions/marketreg/r10b18faq0504.htm

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Do you believe Eddie Vakser has acted in "good faith?" Do you think his actions have been "legitimate or excusable?" If not, then his "safe harbor" may be legally pierced thereby holding him personally responsible for countless violations --including pump-and-dump activity, personally profiting at the direct expense of investors, etc





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