Replies to post #573431 on NorthWest Biotherapeutics Inc (NWBO)

[biosectinvestor]

Those cases… as Hoffman explained yesterday, in a very thorough post, the standard of proof and burden is much, much higher for the government, and lower for a civil suit.

There was in fact spoofing. That is established. They have a duty not to allow their systems to be manipulated in such a manner that they do not become an instrumentality of illegality and fraud on the market. We will see how this turns out, but the complaint provides evidence for a strong case. So far the defendants have hesitated to present a believable defense and have been bluffing. We’ll have to see where they go, but their delays suggest they are deeply unsure about their own case and defense.

[Smitty5150]

they needed a whistleblower

Which is also Citadels biggest fear.

But remember, this is a civil suit, which is much different than a SEC Criminal Enforcement action. Crimes must generally be proved "beyond a reasonable doubt," whereas civil cases are proved by lower standards of proof, such as "the preponderance of the evidence."

I suspect the detailed information contained in the civil suit is more than enough to sway a jury. But you add in Ms. Posner vs. Mr. Burck, face to face in front of the jury, and how the jury perceives each attorney, the outcome is predicable. These little things matter, particularly with the lower standard of proof in these types of civil trials. Women attorneys are typically perceived as more believable and honest. Its just human nature. You factor in the "Big Bad Wallstreet" factor and that perception increases, big time.

[lutherBlissett]

Just to clarify: algorithms are created, programmed, and trained by humans. They're not "robots" they are routines and commands, again, created by a human for a specific purpose.

You might have noticed CM mentioned they have in possession the proprietary algorithms written by defendants. This doesn't mean they have possession of an intention-free black box, it means they have the computerized playbook to the spoofing crimes.

Hope this makes sense, if not do a bit more reading about "algorithimic bias". Algorithms are code-based tools created, trained, and set to work by human actors and they reflect the all too human motivations of those people.