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Re: Castell post# 97281

Monday, 05/16/2011 11:30:17 AM

Monday, May 16, 2011 11:30:17 AM

Post# of 118239
Castell it is not an opinion, it is a fact.

The shares are NOT illegal, there is no reason to remove them.

How can a 'disgorgement' of moneys paid to the SEC take out the shares out of the market that the SEC said were illegally put into the market? any money to the SEC does NOT correct this!



Although it has been explained numerous times to no avail, I'm going to try it again. Try this analogy.

A business man is selling products from his home, you buy these products from him. At some point the county regulators hear about this business and come to his home and make him close the business down because his neighborhood is not zoned for commercial activity.

This is an equivalent situation. The business is operating illegally and must be stopped, however there is no need to make him buy back all the product he sold as it was real merchandise purchased in good faith. Since no one was hurt by the purchases and since the purchased goods are identical to any others in the market the buyer has not been affected. The sales themselves are not illegal the underlying business infrastructure is the illegal part.

Gendarme sold perfectly 'good' shares to willing buyers who bought them in good faith. Those shares are still salable and equivalent to any other RCCH shares. No one has been hurt by the transaction. No one need be compensated. The shares entering the retail market had no effect on the OS or the dilution as they were already in the OS once Newton sold them to Gendarme. They were merely transferred from the wholesale to the retail side of the market a little early.

Gendarme, if found at fault, will have to pay fines and return any profit they made, that is all the SEC is asking. They have been quite explicit, read the complaint, it spells out exactly what the SEC wants.

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