Replies to post #46545 on Impact Fusion International Inc (IFUS)

[pantherj]

The facts showing that Judge Ungora pronounced in writing that Walther was "Scienter" has been available for all to see for the last several days.

However, here it is again"

It is undisputed that Walther failed to disclose to Plaintiff, either orally or in any of the written documents, that Supreme Energy was issuing or intended to issue preferred shares to any other entities (D.E. 108, p. 10); (2)

Based upon the record evidence, it is clear that had Adelstein been aware that Supreme Energy was going to issue preferred shares with voting rights of 150 to one common shares, he would not have entered into the Agreement with Plaintiff. Thereafter it is undisputed that Walther’s omission was material to the transaction (D.E. 108, p. 11); (3)

Based upon the record evidence, the Court finds there is a strong inference Walther acted with the requisite state of mind in failing to disclose that Supreme Energy was issuing preferred shares with voting rights . . . Walther’s scienter, therefore, is undisputed (D.E. 108, p. 12);

It would be helpful to all to read the entire Federal Court Order which can be found in the "StickY" at the top of the page.