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Jetmek_03052

08/03/21 2:29 PM

#234486 RE: Westcoastplaya #234485

Again - WRONG!

Fritz stated that DBMM had correspondence from the Div of Corp Fin's that indicated that ALL the filing insufficiencies were cured. The ONLY letters that were produced from the SEC stated that the ICFR language in the amended "super 10K" filing ALONE had been "cured".

ALL the other issues:

1. ICFR language in four other later filings (2018-2019) have not been cured:

From page 19 and 20 in the SEC Brief(https://www.sec.gov/litigation/apdocuments/3-17990-2021-02-24-divisions-appellate-brief.pdf ):

The amount of time the violations stood uncorrected is even longer and, indeed, lasts through this day. The deficient ICFR and DCP disclosures in the Comprehensive Form 10-K remained uncorrected until the filing of the Second Amendment, a year-and-a half later (May 31, 2018 – October 1, 2019). The identical deficiencies remained uncorrected in the 2018 annual report for over ten months (December 14, 2018 – October 1, 2018). Investors would certainly have wanted to know that Digital Brand’s ICFRs and DCPs continued to be ineffective even after the Asher Litigation was settled. The quarterly information omitted from the 2015-2016 Reports has never been supplied and the qualified DCP disclosure in four of the 2018-2019 Reports has never been corrected.

2. The Financial numbers from previously delinquent 10Q's had never been included in the "Super 10K" filing (AS ARE REQUIRED).



Fritz's statements in her brief are totally proven wrong by the fact that NO FILINGS have been amended or newly filed, to correct these deficiencies - which the Div of Corp Fin's say continue to exist TO THIS DAY.