Please see the final complaint filed by the SEC...it seems they are not only addressing alot of other facts but also asking for judgement against Plaintiffs on those facts.
I sincerely hope that he does get the stores opened...but he will also have to make good on reducing the outstanding shares without hurting long term investors (which is who they made money off of). Since the only time we hear from Jason (through Pastor Phil on these boards) is when an investor has contacted the SEC (10/1/08 letter was put up day after SEC contacted. The recent excerpt from email the pastor posted was a day after SEC was contacted again. Coincidence?)...it leads me to believe even if he opens a store it may be to try and create an impression for the courts that he is making a good faith effort to open stores...I hope I am wrong and they are really working towards making this a success story and not just a temporary solution to get out of trouble...afterall the investors invested in this not because they were "morons", as Brola put it in his email to the Pastor, but because they reasonably expected the PR's the company was publishing to be true statements of their goals and what they were working towards building and not just PR's or blogs to pump the price up or to help them keep selling additional new shares that the investors were unaware of.
I would think MNTY would invite investors to email all PR's, blogs or information to the SEC to help speed up and resolve the issue if they truely are innocent and working toward building the company. Afterall, the PR's and blogs did come from the company...that is a fact and just because it is deleted from the web doesn't mean it is all undone or it never happened. The email sent by Brola to the Pastor was a great opportunity for him to provide an update of MNTY's position, but instead he choose to handle it in such an untasteful unprofessional manner. CEOs should never forget that investors trusted them with their hard earned money. To act as if it is no big deal and as if the investors owe something to the very company, which after 2 years has nothing to show for itself, is more than just a stretch. The SEC and courts are going to handle the guilty parties, whoever they prove to be. As a CEO, regardless of who is to blame, he is responsible (afterall, investors never knew about the others involved and what was actually going on (or in this case not going on), but the CEO of the company knew). MNTY/Brola needs to show results and not just any results...results making good on all promises and yes a possible buy back if that is what it takes to safeguard long term investor's interest.
At this time, I do not see any real indication that it is or ever was MNTY's intentions to make good on building the company. Because it has come to light through the SEC filing that it "may" never have been MNTY's intention to follow through, the investors are turning to the SEC. I know some here believe it is a waste of time to contact the SEC as they will keep all funds they recover for themselves, but I do not believe that is why the SEC was created and how they truely operate.
If MNTY is innocent and building the company as planned then they have nothing to worry about even if every ECFL/MNTY investor contacts the SEC.