Ssc,
I assume you already know my answer to your question as I've stated multiple times...
It's not that ERHC is running as a private company wilfully. They have to abide by their gag order.
Could they have found other ways to file with the SEC? For example, a CTR (confidentiality treatment request)? Possibly, but even a CTR has to be disclosed, which could be restricted by the gag order, unless they could also get a CTR on the CTR filing itself, assuming that's possible.
But what good would that do? Clearly, they can't file financials in any event... and not redacted ones. Imagine the cash account has some aspect of the Total gag order in it... if they redact the cash account then they also have to redact every other account on the balance sheet and income statement which might reveal the gagged data in the cash account.
It's impossible.
You seem to oversimplify the causality.
You're saying Erhc acts as a private company => they don't report => shares can't trade => ERHC'S fault.
I'm saying Gag order => Erhc acts as a private company => they don't report => shares can't trade => gag order's fault.
See the difference in causality that I'm trying to point out?
Krombacher
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