No excuse for not filing timely 10K reports unless RS didn't (and still doesn't) understand the rules correctly.
As mentioned before, he could have included appropriate statements in the reports stating the basis on which they were being filed and that they would be revised as more information was available.
A thought came to mind. Maybe others have already mentioned this, in which case I missed it in the last 1000 posts.
They just got the board and officers insurance recently.
Maybe that is why they were so tight lipped for the past year - afraid to say anything for fear of saying something they could be sued over. Especially in his "conflict of interest" role as COO and hedge fund participant.
DDog my friend, I agree, I believe that the "mechanism" the "corp finance play" employed may very well be the undoing, not of the company but the pseudo CEO as COO, with Burg as hanger-on that could make the difference.