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Wednesday, October 19, 2011 11:48:48 PM
Again, neither the company nor the SEC is obligated to report the filing of a Wells Submission. If a complaint is filed we will have to conclude that either the SEC wasn't swayed by the submission or none was filed.
Okay, that makes sense. Here's where I don't follow:
If a complaint isn't filed we can only conclude that either the commission was swayed by the submission or that none was filed.
Is that really the conclusion one must draw? Are you suggesting that in any case where a Wells submission is not made, that an SEC complaint necessarily follows (absent settlement)? Isn't it also possible for the Commission to reject the staff's recommendation, notwithstanding the absence of a Wells submission? This may not happen frequently, but I believe it is a clear possibility. Similarly, I do not believe that the issuance of a Wells Notice binds or otherwise requires the SEC staff to ultimately recommend to the Commission to file an action. Do you think otherwise?
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