Obviously, the Board is having real trouble understanding why Foelak came to the decision she did.
The regulations are clear. When a company is confirmed to have broken the filing statutes (as Foelak clearly stated that DBMM did, right in her ID), the regulations call for the application of one of two sanctions - suspension or revocation.
Neither of these have ever been done.
Because Foelak disregarded the regulations (and at the same time, many other cases that have provided precedent for this case), the Board is taking a lot of time in deciding this case.
It could all be quickly remedied by two things being done.
1. Linda Perry HAS to capitulate and perform the filing fixes that have been outlined by the Div of Corp fins. This includes amending the super 10K to include the numbers from delinquent Q’s and a few other items - namely the reporting requirements for the officers of this company.
2. To comply with the regulations, DBMM must endure some sort of minor suspension. Either that or have their stock revoked. I assume that they’d rather have a small suspension.
Once these two items are accomplished, the items in the Petition for Review would be satisfied and (I’ll bet) the investigation would be dropped.
But Linda will NEVER be seen as “bowing down” to the SEC.
So this will continue for quite some time. Years maybe.