There is no excuse allowed for non-filing. Blaming another entity (like the SEC suspension of DBMM's auditor) is NOT ALLOWED. It was ALREADY STRUCK DOWN when the SEC denied a "Hardship" exclusion to DBMM concerning that VERY ISSUE.
Incorrect. DBMM HAS NOT been compliant since the LAST "Super 10K" amendment that was called "insufficient and non-compliant" by the Div of Corp Fin's. The very last brief filed by Enforcement STILL calls DBMM non-compliant!
I've often said that DBMM SHOULD accept a suspension and then be DONE with it. But FOELAK screwed up and assigned NO sanction.
DBMM needs to:
1. Include the 10Q financials in an Amended "Super 10K", and then
2. Accept a suspension for their original delinquent filings.
Then, I'll bet the SEC would let this go.
Know WHY the SEC would let this go? Because they know what a SCREW UP Linda is....and they KNOW it's just a matter of time before DBMM commits MORE delinquent filings (or rule infractions) and they can revoke them THEN.