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Det_Robert_Thorne

02/07/17 7:11 PM

#95919 RE: NoPinkScams #95889

You're on right tract about appealing in court

They probably feel that their only shot is to allow the decision to be final and file an appeal in federal court.


That's a big part of it, but I think there's a bit more, at least when I think about how the cases were decided in the two other Courts of Appeal, as well as how they'll get the money to pay attorneys.
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srinsocal

02/07/17 7:52 PM

#95927 RE: NoPinkScams #95889

It is a low percentage chance that the Commission would rule against their own Judge on a Review. Which is one of the reasons the SEC has a Federal Court calling their system unconstitutional.

If you look at cases that have gone through a Commission Review it is a 1-2 year process which would serve BIEL well if they could get the disgorgement and penalties stayed during the Review. Then if the Commission agrees with the Judge and issues a Final Decision BIEL files the Federal Appeal.

It has to be much cheaper to file a SEC Commission Review than a Federal Appeal. The only down side I see is that there is always the chance that the Commission could determine,during the review, that Judge Elliot was too lenient and increase the penalties or sanctions.