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umiak

07/25/11 1:38 AM

#123410 RE: jimmenknee #123408

I disagree, they are simply including the fact that filings, at the heart of the problem, were restated.

Subsequent is an "after the fact" adjective, the positioning in the sentence reads as if the issues are based on the restatement, when the issues are based on the originals.



Just because an action is prompted by an inquiry does not mean it is not voluntary. The following ties into that notion nicely:
"David P. Bergers, Director of the SEC's Boston Regional Office, added, "Aspen took significant remedial steps and cooperated extensively with the Commission's investigation." To consider the definition of remedial aids in the understanding... giving or intended as a remedy or cure. http://www.sec.gov/news/press/2007/2007-152.htm

Voluntarily or prompted by an investigation (perhaps informal at the time)? When did the 1st communication over the filings take place? According to this study (admitted to not be OTC-based), the average time spent investigating until a Wells Notice is given covers the date JBI issued the "non-reliance" 8K