That is where BOTH of you don't get it. We could care less what the SEC does or does not do. One basic rule for any civil case is that the target has to have money to pay for the wrongdoing. In this case, the CEO that did wrong was Tom Smith, who has considerable assets. A shareholder derivative suit goes against him personally for his breach of fiduciary duty. Yes, Opie and Cuntetta screwed up for various reasons but they were just stupid, not criminal.
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