Replies to post #97020 on Decision Diagnostics Corp (DECN)

[IPwatcher]

Pretty much guaranteed.
The SEC is a civil action with a lower evidentiary bar than the criminal proceeding.
It was stayed while the Criminal indictment proceeded so that the discovery in the civil trial would not prejuduce Berman's defence in the criminal trial.
Berman sticking his hands up in the criminal trial is pretty strong evidence against him in the civil trial, so I would expect a finding there as soon as it is revisited.
But its moot I guess.
The only penalties are financial, and it looks like Berman is boracic, hence the public defender being invoked. I guess they can disqualify him from directorships, but a criminal conviction of this type probably does that already I would have thought (will check!).
So its blood out of a stone I am afraid.

[IPwatcher]

Court filings show the judge in the SEC civil litigation has been officially notified of the guilty plea in the parallel criminal trial.
That means the case can be un-stayed.
My prediction is that there would be an immediate motion for summary judgement by the plaintive (SEC) on the basis of this new information.
When that motion is granted (which I expect it will be) that case will end, and judgement will be issued without further procedure.
Keith could try and defend further in theory. But its unlikely.
Keith ultimately resorted to the service of the public defender for representation in his criminal trial.
I cannot say definitively that he would not be able to call on the services of 'pro bono' counsel in this civil litigation, but I would doubt it for a number of reasons. I just don't think it would qualify (I could be wrong!)
And if he engaged paid counsel in the civil suit after pleading impecunity in the criminal case... well.. let's just say that is not a good look, is it!?. I expect they would come down on that like a ton of bricks.
In any case, being shown up as potless helps him when it comes to sentencing in the criminal case as it limits the extent to which he has been seen to profit from his crimes.
So once they dot the i's and cross the t's this civil litigation will judge for the plaintive, keith will bet a disqualification (from office holding) and a theoretical financial penalty which will go unpaid.
DECN will be wound up as insolvent and disincorporated if this hasn't already happened.
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