FBC Holding Inc (FBCD)

[loanranger]

Just an opinion.

"Would it not be complete fraud by both FBCD and Superrad to be promoting this acquisition if it was not completed?"

The company has made a point of starting most of their pr's with the phrase "FBC Holdings Inc. (OTC Markets FBCD), soon to be Super Rad Industries", etc.
That phrase, if used in all their public statements, is probably enough of a hedge to keep them out of trouble. I think they can use it with impunity, for now.

This statement, made twice in the most recent 10Q/A, is potentially already a problem with the SEC itself:
"We acquired all of the assets of Super Rad Corporation on August 11, 2010."

The following, from superradindustries.com, is improper:
Super Rad Industries, Inc.
Stock Symbol (FBCD)


If the deal fell through today, given the litigious propensities that prevail, some law firm might very well come along and propose a class action suit on behalf of any buyers who acquired shares from the date this first statement was made "We acquired all of the assets of Super Rad Corporation on August 11, 2010" through today, assuming that they lost money. The lawyer would first evaluate the potential proceeds to determine whether it would be worthwhile....and they might have to rely solely on the assets (and insurance) of FBCD since they were the ones that made the statement. At last count those assets were negligible, so they very likely would not proceed. To include the assets of Super Rad would require that it be shown that the owners/executives of Super Rad contributed to the deceptive statement, which might not be possible. I think, in general, that a jury might want to see evidence of an intent to defraud and that is difficult to establish. Unless there is either a previous pattern of similar deception or evidence that the company or its officers benefited from the false statement.

Again, just my opinion. Only offered due to the lack of other responses.