InvestorsHub Logo
Followers 40
Posts 5673
Boards Moderated 0
Alias Born 08/19/2009

Re: BigBake1 post# 14011

Monday, 04/09/2012 6:18:23 PM

Monday, April 09, 2012 6:18:23 PM

Post# of 27473
"The idea that if someone is committing securities fraud means they will end up in handcuffs is hilarious and far from realistic. From the start of an investigation to filing an actual complaint takes on average 18 months for the SEC. So even if there were gross negligence here it is not going to result in the CEO being placed in handcuffs immediately because they broke regulations. Further not all actions result in jail, in fact the majority of pinky crimes end with disgorgement of ill gotten gains and trading/participation restrictions on any security."

The shareholders or public will not know if anything is going on until long after the "crime" has done it's damage. Years in fact. Over and over we see cases come public now and currently that have been taking place in 2008-09 or even before. And like you stated the "handcuff" thing is "far from realistic" and only used as fodder for the stock boards.

1manband had a good description also;

"On average for "formal" investigations, perhaps. But keep in mind the SEC has two levels of investigations. "Informal" is first. During that process, the Commission Staff obtains background information and evidence necessary to prepare a recommendation to the Enforcement Division supervisors that a "formal" investigation is warranted. The informal investigation can last years. Even formal investigations can proceed for several years, but 18 month average once a formal investigation is opened sounds about right."
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=72831861

And this can be confirmed in many places on the SEC site. Mostly in cases of many SEC and Federal court actions with different stocks or companies, but for example one can actually get general confirmations;

"All SEC investigations are conducted privately. Facts are developed to the fullest extent possible through informal inquiry,......" then with descriptive "...... With a formal order of investigation,....... Following an investigation, SEC staff present their findings to the Commission for its review. The Commission can authorize the staff to file a case in federal court or bring an administrative action. In many cases, the Commission and the party charged decide to settle a matter without trial."
http://www.sec.gov/news/newsroom/howinvestigationswork.html

Then in SEC papers where both investigations are described
"ARTICLE: A PRACTITIONER'S GUIDE TO THE SEC'S INVESTIGATIVE AND ENFORCEMENT PROCESS"
http://www.sec.gov/about/offices/oia/oia_enforce/mclucas.pdf

But of course all take years and years of "investigating" and putting anyone's money on any "handcuff theory" for CRWV is just impractical and definitely not very realistic. Along with everything else, a lot if not most of CRWV money went to Panama and would require international actions to put some of those culprits in "handcuffs". Wouldn't hold any breath for that to happen, that's for sure.

DON'T FEED THE CLOWNS


THE REAL DTCC DISCUSSION
http://investorshub.advfn.com/boards/board.