I think that is a good assessment of the choices. And the 30 or so searches for ("violated the preliminary injunction" SEC accounting) that I skimmed bear out this choice:
"3. They refuse to file anything - essentially "Pleading the 5th" again. I'm guessing this is the approach they will try to take. I expect this sets them up for at least Contempt of Court charges since the judge ordered them to make this accounting."
For starters, I don't think they'll argue "refuse", but rather "can't" because of lack of access to the information. This is the best bad excuse that I think might pass.
Contempt charges seem to be typically reserved for actual violations versus administrative ones.......sale of frozen assets, continued or new fraudulent activities, etc. I found no such charges brought for failure to provide information. My guess is that the action that the court would take would be to assume that the failure to comply supports the allegation in the complaint that the information was designed to flesh out and basically include it in making their final judgment, relying on the SEC's information and considering it to be unopposed. It would have the effect of a nolo contendre. So I'm guessing that there would be no immediate pain, which I think is all they can hope for.
I knew "the dog ate my homework" would pop up again.
ps. Checked Pacer seconds ago and nothing filed since 3/24. FWIW, the Sasser motion wasn't posted until the fourth business day after it was submitted. Thing is, it isn't likely that the parties would file NOTHING at all with the court, so the longer this goes on the more likely your #4 choice becomes......somehow I don't see that as an option. Then again, if there's a ton of money out there somewhere I can't see these guys just letting it go. Who the $^&%# knows?
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