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Johnik

09/24/10 12:02 PM

#70952 RE: scion #70929

They all look restricted to me. Look at that block of words below the cusip number in the upper right hand corner of certificates 1 through 4. I think it is easiest to read on certificate 3 of this link you posted:

http://viewer.zoho.com/docs/cbmTcc

It looks to me like it says (in all caps), "The securities represented by this certificate have not been registered under the Securities Act of 1933 as amended, or applicable state securities laws. The securities have been acquired for investment and not with a view toward resale, and may not be offered for sale, sold, transferred or assigned in the absence of an effective registration statement for the securities under the Securities Act of 1933 as amended, or applicable state securities laws. . . ."

I think the difference with the last certificate (for 1,750,000 shares) is that it is stamped (in all caps) "Restricted Stock" on the top of the certificate, and then states in the lower right hand corner (again in all caps), "See legend on reverse side." Presumably the legend mirrors that of the other certificates.
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Johnik

09/24/10 12:16 PM

#70954 RE: scion #70929

Also, I think your accounting is a little off. The JBI stock, per the SEC filings, started at 3,500,000, but it has also been reported that:

100,000 was transferred to a media company and
900,000 was transferred pursuant to a settlement agreement with Judy Vazquez and JBI

http://www.sec.gov/Archives/edgar/data/1333293/000121390010003910/sc13da3kidd_jbi.htm

Also, it looks like Kidd transferred some shares in private (off the open market) transactions, such as the one reported here (involving 250,000 shares):

http://www.sec.gov/Archives/edgar/data/1365160/000116552710000260/g3986.txt

The above would bring the difference down to 210,000.