Replies to post #676066 on NorthWest Biotherapeutics Inc (NWBO)

[exwannabe]

Hi guys,
I didn't follow this thread, so I do not know why you started discussing intent, but if it is concerning the MTD, the only remaining element CM needs to improve on when they refile the complaint, is causation - not intent.

You are correct NWBO is not being asked to provide further assertions of intent at this stage. That has to be proved at the trial stage, but for now plaintiffs are given wide latitude at this stage pending discovery.

On what exactly has to be stated (not proved) in the amended complaint, it is how the sale prices of the listed transactions were based on the stated closing prices from spoofing dates,

It is common to sell shares in private transactions based on the previous days close. Or the average of the last N days previous closes. So that is what the Court wants to see. What caused them to ask for this is that NWBO's table of supposed such transactions is bizare. It asserts shares were sold based on closes up to 4 weeks in the future.

On digging in, it looks to me like NWBO made a bit of an error in how they presented that table. They posted one line that was an agregrate for the agreement, them had separate lines for the shares that actually executed under the agreement. This though is far from clear, and that is what the Court is asking for. I expect a totally new table here.

[biosectinvestor]

Agreed. Intent is not relevant, at this time. And the focus is not on an intention of the broker dealer to break the law, lie or do anything specifically “wrong”, just that they did things that were, in fact, wrong, I.e. that constituted spoofing or that involved an algorithm that spoofed and the person using the algorithm did not need to know the algorithm, in fact, spoofed a share price. People who think they need to have “intended” to do wrong, are sorely mistaken. These are organizations, and the blame is often diffuse when they engage in actual illegal acts.