You do not sue the shareholders, you sue the brokerages. You force the brokers to cough up the number of shares they are claiming to have in possession.
Tom knew...or should have known TD Ameritrade sold more shares that what was legally available. That's a start.
Capital Growth hands you the Willy Wonka golden ticket and even admits in writing they need shares. The last thing you do is cut them new certs in exchange for some pocket money.
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