Buzz, I understand what you are saying about today's court appearance of CMKX with the SEC not being about the NSS, but about the failure to file. Thing is, CMKX has tried to make it about the NSS by claiming that they cannot properly file within Sar/Ox guidelines due to the NSS. They are simply saying that they cannot accurately and truthfully sign off on any filling when they have no idea what the true O/S is due to a large NSS.
Their interpration of the O/S is that it accounts for all outstanding shares, not just shares issued and outstanding from the company. Supposedly, the DTCC and SEC are the only ones who can provide exact numbers if there really is a NSS, so they would eventually need to report those numbers to the judge if CMKX wins the argument about the interpration of O/S.