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Rawnoc

03/04/12 5:45 PM

#169251 RE: Scandle34 #169247

Not realistic IMO. Less than 3% make it to trial as the SEC only picks less around a dozen cases per year to use their very limited resources on to go all the way to trial, and they know the odds of an officer bar being granted at trial are near zero and would factor that into any settlement.

What you could see is a partial officer bar where John agrees to never hold the title of CFO again. And we now have a superstar as CFO.

"the SEC is fighting hard for the right to file lawsuits it never intends to see through to the end."

http://caveatemptorblog.com/sec-try-cases-settle-lightly/

"The vast majority of enforcement actions filed by the SEC are resolved before coming to trial. In the past year, the SEC went to trial in 19 cases, while filing a record-high 735 enforcement actions. Settlements allow the SEC to spread its limited resources among the largest number of cases, agency officials say."

http://online.wsj.com/article/SB10001424052970204844504577098833058976236.html

"Does the Securities and Exchange Commission suffer from trialphobia?"
"the agency has been defending its policy to settle securities fraud cases"
"The agency has averaged almost 14 trials a year from 2008 to 2010"

http://www.propublica.org/thetrade/item/needed-a-cure-for-a-severe-case-of-trialphobia

"With its allotted budget and staff, the Enforcement Division brought 735 cases last year."

http://www.secmiscellany.com/2011/12/22/defending-the-sec%E2%80%99s-neither-admit-nor-deny-policy