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IPwatcher

12/22/20 7:57 PM

#93880 RE: rawman #93878


I am certain there are those who know better than I; however, IMO the SEC cannot add any new information to the Trading Suspension appeal process. The clock theoretically stopped on the day the Trading Suspension became effective, i.e. April 24, 2020. The appeal and related discussion is solely focused on the information which lead the SEC to invoke the Trading Suspension.



But I am in no doubt that subsequent actions could be brought since Berman imo continued to cock a snoop after the suspension.

So.. why hasn't this happened yet?
Here is what I think:
SEC/DOJ keeping their powder dry (sensible).

2 outcomes:
(i) Most likely scenario:
Original indeictment sticks. Prosecution and defence negotiate for other subsequent offences to be taken into consideration. Sentencing considers both sets.
(ii)(unlikely) Berman pulls every trick in the book. lies in court (uninetntionally implicates himself by doing so!), escapes on some technicality. " I wasn't 'lying' for crime X, I was 'lying' for crime Y' style of Houdini!
Berman makes rousing speech on the steps of the court, praises American justice etc. etc.
He is then immediately re-arrested for offences committed from May 2020 onwards, with his own court pleadings from March April case cited in evidence against him!

I am sure the SEC will know whether Berman has crossed any lines since April.
But timing is everything!
As Berman is learning to his cost!