The SEC generally conducts investigations in private. ... The SEC can bring a civil action in a U.S. District Court, or an administrative proceeding which is heard by an independent administrative law judge (ALJ). The SEC does not have criminal authority but may refer matters to state and federal prosecutors
Common violations that may lead to SEC investigations include:
Misrepresentation or omission of important information about securities
Manipulating the market prices of securities
Stealing customers' funds or securities
Violating broker-dealers' responsibility to treat customers fairly
Insider trading (violating a trust relationship by trading on material, non-public information about a security)
Selling unregistered securities.
Whether the Commission decides to bring a case in federal court or within the SEC before an administrative law judge may depend upon various factors. Often, when the misconduct warrants it, the Commission will bring both proceedings.
In this case it is clear that the "misconduct" has NOT warranted any enforcement action for KK and GERS. It appears that some action relative to BTZO has occurred. In other words, the SEC apparently has made determinations based on information not available to any of us that are : 1) contrary to your representations and accusations and 2) allowing GERS to continue to be traded and suspending trading in BTZO.
All of the above factual statements are available to anyone with an internet connection.
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