just stop. He has killed shareholders - just look at the charts. he has enriched himself all the way with a fat salary and free stock. He has misled shareholders with complete BS PRs and now goes into hiding.
Factors Courts Consider in Piercing the Corporate Veil
The most common factors that courts consider in determining whether to pierce the corporate veil are:
whether the corporation or LLC engaged in fraudulent behavior whether the corporation or LLC failed to follow corporate formalities whether the corporation or LLC was inadequately capitalized (if the corporation never had enough funds to operate, it was not really a separate entity that could stand on its own), and whether one person or a small group of closely related people were in complete control of the corporation or LLC. Some corporations and LLCs are especially vulnerable when these factors are considered, simply because of their size and business practices. Closely held companies are more susceptible to losing limited liability status than large, publicly traded corporations. There are several reasons for this.
Failure to follow corporate formalities. Small corporations are less likely than their larger counterparts to observe corporate formalities, which makes them more vulnerable to a piercing of their corporate veil. To avoid trouble, it's best to play it safe. It's important for small corporations and LLCs to comply with the rules governing formation and maintenance of a corporation, including:
holding annual meetings of directors and shareholders or members keeping accurate, detailed records (called "minutes") of important decisions that are made at the meetings adopting company bylaws, and making sure that officers and agents abide by those bylaws.
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