Very few people would go back to a post made 21 months ago to find a post that they thought another poster was wrong about only to be wrong themselves. Why would one do that?
The SEC does not require a company to file an 8-K to report a formal investigation. I encourage anyone wasting their valuable time to follow this thread to go to the referenced link and review the thread and my supporting comments and links. You would discover my explanation as to why I felt the company actually DID file an 8-K reporting the investigation, which was the context in which the statement was made. Or, even easier, from some real lawyers we hear this:
When Should a Company Disclose that a Formal Investigation is Underway? • As with an informal inquiry, there is no specific line-item requirement to disclose the existence of an SEC investigation. • The obligation to make disclosure is a materiality analysis – the same factors should be considered. • So analysis and concerns remain the same as with an informal inquiry, but a company is more likely to decide that formal investigation is material and hence disclosable. http://www.smithlaw.com/publications/whentheseccalls_mnr_fall20061.pdf
In other words, as I said in that dusty old post "the company would not ordinarily be required to file an 8-k notifying the public that a formal SEC investigation had begun". It's clearly entirely up to the judgement of the company. Many formal investigations end without any enforcement action.
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