I've highlighted the critical elements of this excerpted press release to accommodate all attention spans.
SEC Press Release 2004-89 Release of Comment Letters and Responses
Disclosure filings made with the SEC are in certain cases selected for review by staff. For many years, the Division of Corporation Finance and the Division of Investment Management have provided filers with comments on filings where they believe the filing could be improved or enhanced. These comments generally are sent after a filing is made with the Commission under the Securities Act of 1933, the Securities Exchange Act of 1934, the Trust Indenture Act of 1939 or the Investment Company Act of 1940. The letters set forth staff positions on a particular filing only and do not constitute an official expression of the Commission's views. Further, these letters set forth the staff's position, are limited to the specific facts of the filing to which they apply, and do not apply to other filings.
Staff review of a filing may involve several rounds of comments from the staff and a similar number of responses from the filer. Upon resolution of all issues relating to a filing review, the staff advises the filer that its review is complete. The SEC currently releases staff comment letters and responses to these comment letters only in response to a Freedom of Information Act request after the staff review is complete.
Timing
We will begin releasing our comment letters and response letters relating to disclosure filings made after August 1, 2004 that are selected for review. We will announce in the near future a specific date after which these documents will become publicly available; that date will depend on completion of necessary technical modifications. Correspondence will be released not less than 45 days after the staff has completed a filing review. http://www.sec.gov/news/press/2004-89.htm
The facts as they pertain to JBI. On 9/28/10 the SEC wrote to: John Bordynuik Director and Chairman of the Board; President and Chief Executive Officer JBI, Inc. 1783 Allanport Rd. Thorold, Ontario Canada
Re: JBI, Inc. Form 10-K for the Year Ended December 31, 2009 Filed March 31, 2010 Forms 10-Q for the Periods Ended September 30, 2009, March 31, 2010 and June 30, 2010 File No. 000-52444
I'm sure that you recognize the Forms K and Q in question. During the ensuing 22 months, based on the responses to that 9/28/10 letter, an exchange was conducted in which some of the issues initially raised were resolved by those responses and other issues were raised by them. Amendments and Form 8-K's were filed, all related to the filings referenced in that original letter, which raised new issues that required resolution.
Finally, on 8/3/11, the SEC sent a letter indicating "We have completed our review of your filings" in accordance with their stated intent in their 2004 press release (Upon resolution of all issues relating to a filing review, the staff advises the filer that its review is complete.).
On 9/19/11, 47 days after the SEC acknowledged completing their review (note: "Correspondence will be released not less than 45 days after the staff has completed a filing review."), the Commission released *ALL* the correspondence that they had with the company going all the way back to the original letter of 9/28/10.
This is simply not true: "but what is really eye opening with hindsight is the 33 topics that the sec wanted info from JBI (including the catalyst) that previously non disclosed correspondence (not made public until after i contacted the boston office of the sec on 1/5/12) ". You did not scare the SEC into releasing any filings, nor did you jog their memory into releasing filings that had in fact been released 3 months earlier.
And the filings under review were the filings of JBI, Inc. as signed and certified by John Bordynuik, not the filings of Domark.
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