Replies to post #44661 on Greenshift Corporation (GERS)

[nobody12378]

As always you are on the cutting edge of a critical issue for us.

I think we can all agree that the lack of filings since last November is NOT innocuous. KK just did not stop filing for no reason; no matter how distracted he may be with his attractive Peruvian bride.

One reason may be upon the advice of counsel. It seems clear that the defendants (DVG and ICM especially) were willing to move the litigation to the negotiation table sometime late last year. It also appears that the negotiations became substantive sometime last spring just after the NT-10K filing. These events could be related and it was deemed wise (from a mediation perspective) to discontinue all public commentary; including SEC filings. Could be related, but for many years in the midst of this very adversarial litigation with the same counsel, KK continued to file. But if this is the reason then nothing nefarious is afoot.

The other reason and the one that concerns me is that KK is creating a mechanism to shutdown trading and listing of GERS in order to avoid including the common shareholders in participating financially in the settlement.

Based on the last court filing a settlement appears very likely -- soon. Based on C&C forgiving $8.8 million in previous billings plus future billings for 15% of the settlement and the assumption that C&C is not stupid; the settlement must include a financial component involving many tens (perhaps hundreds) of million of dollars. After filing the NT-10K, KK could have realized that this windfall was coming to his doorstep and initiated a plan to maximize his part of the pie -- including taking the company private (for a few cents a share or nothing at all if delisted ?) before the settlement was announced.

To be fair, I have no idea what is happening, how not filing could be a part of plan to increase KK's share; I just have so little trust. Accepting the fact that there is a reason for the lack of filings leads to all sorts of speculation; some of which is very troubling. Which I summarize as: a significant settlement is near involving a large sum of money -- will the common shareholders participate in this largess?