File the 10K or if it has been submitted (not electronically) for review push to have the SEC give permission to file
trying to claim the SEC is reviewing the 10k for spongy is not going to fly ... its not even within reason
The SEC has suspended the stock and launched the investigation because they believe Spongy has broken federal security laws they will be reviewing nothing from Spongy other than all the records they have subpoenaed - including the insiders trading records and personal bank accounts
the next thing you will be hearing from the SEC .. is formal charges
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