Have you ever actually read a 10-K? As many have pointed out here, Overstock (and many others) claims a naked short position, but it hasn't stopped them from filing with the SEC. Why is CMKX different?
Neil Levine: Your Honor, as cmkx's auditor, I cannot sign off on their financials when proof has been presented to me that more shares are being held than exist. It would not only violate Sarbanes Oxley, but the fundamental basics of accounting for me to knowingly approve of a false figure when share are being held by shareholders that have never been accounted for. In fact no honest or reasonable CPA could sign off on such financials without risking criminal liability. Perhaps the SEC can recommend a CPA to cmkx that is willing to risk such criminal sanctions but my ethical obligations and in fact, the law, forbid me to do so.
