Tuesday, April 30, 2013 10:04:32 PM
Facts are facts. It's the uuderstanding and interpretation of them that lends to ones credibility. The SEC has filed a civil action in Federal Court, therefore, the SEC can't make Rooney or Solaris do anything. That will be left up to the court and only after a decision has been rendered. The proper term in this instance is “disgorgement”, not retribution. Disgorgement is the recovery of illgotten gains (profits). The SEC still has to show that there were illgotten gains, if any, by Rooney and Solaris and how much. As the complaint clearly shows, Positron is not a defendant in this case, any findings by the court will apply only to Rooney, Solaris and the SEC.
Here are some more facts for consideration: 1) the SECs Investors Claim Fund has not assigned a Receiver Disbursement Agent, nor a Claims Administrator for overseeing a disbursement of recovered disgorgement funds, indicating no one has filed a claim against those funds, 2) The Stanford Law School - Securities Class Action Clearing House (linked from SEC site) shows no class action law suits filed against Rooney and/or Solaris claiming losses, so, it appears, as of today, that none of Solaris's “accredited investors” have made any claims against the funds.
Just the Facts,
Robert
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