Not much, actually. But the "there's no indictment" defense was used quite a bit by some. Now there's an indictment criminally along with the civil filing.
And the "but the doors are still open" defense was used quite a bit and that seems suspect now also.
knowlesmsncom: Regarding the missing third charge. Here's an account of the original charges taken from the criminal docket:
KNOWINGLY AND WILLFULLY, AND WITH INTENT TO DEFRAUD, DIRECTLY AND INDIRECTLY, IN CONNECTION WITH THE PURCHASE AND SALE OF CYBERKEY SOLUTIONS INC. STOCK, DID THE FOLLOWING: (1) EMPLOYED A SCHEME TO DEFRAUD; (2) MADE UNTRUE STATEMENTS OF MATERIAL FACT AND OMITTED TO STATE MATERIAL FACTS NECESSARY TO MAKE THE STATEMENTS MADE, IN LIGHT OF THE CIRCUMSTANCES UNDER WHICH THEY WERE MADE, NOT MISLEADING; AND (3) ENGAGED IN ACTS, PRACTICES AND COURSES OF BUSINESS THAT OPERATED AS A FRAUD AND DECEIT, ALL IN VIOLATION OF TITLE 15:78j(b), 78ff
It looks like the criminal indictment rolled two of the original charges into a single charge (for example, 1 and 3 are, afterall, directly related to each other).
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