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arvitar

04/21/12 6:31 AM

#178481 RE: Johnik #178470

Yes, but how much of Bordynuik's ill-gotten gains will he end up disgorging by the time the SEC is done with him?

loanranger

04/21/12 7:56 AM

#178482 RE: Johnik #178470

"There you go with the plural "summonses" again. If you still think your links (or the links you copied from someone else) identify more than one summons, then I really don't know what to say."
I sure am screwing this up, aren't I? Daley's cover letter says "You will find enclosed a SUMMONS to Witness and a cover letter from Mr. Hornberger" right on it, so both zoho documents (both cover letters and the summons) could certainly come from and relate to the same person. I will try not to be influenced by the apparent length and layout disparities in the redacted addresses used by Mr. Hornberger.

"So, if I understand correctly, in your view the recipient of a summons to testify on a matter described in an order issued by the OSC (under section 11) is free to disclose the nature of the investigation identified in the order so long as the recipient does not post the order itself (or quote the "contents of the order")?"
You don't understand correctly. Please read one sentence at a time.
1. I did not say anything like that.
2. "The nature of the investigation identified in the order" wasn't disclosed.
3. Neither the recipient nor anyone else has posted the order itself.

"it would seem rather odd that someone would report this reaction to the post in the "anecdotal link" you guided me to:
Quote:I forwarded that link to brent hornberger, he is doing the interveiws(sic) and was not happy stating that was supposed to be confidential information."
Try to avoid pulling my words out of context. The above quote, provided by a poster, was preceded by "I'll offer just one more anecdotal link, the contents of which I wouldn't vouch for but, if true, seem telling". So, we are assuming that is an accurate report of the reaction. Even if it is, however, I submit to you that if the full context (there it is again) of the transmissions by the recipient was provided to Mr Hornberger he would have acknowledged that no laws were broken. I have NO IDEA precisely what that context was, but this is what the evidence shows, again:
Two cover letters and a summons were provided by unknown person(s) which did not identify the basis for the summons and were fully redacted so as to not identify the recipient(s).
I'll bet he wasn't happy, but if he said what the poster said he did, "that was supposed to be confidential information", I can't imagine what "that" he was talking about. Do you really think that the poster carried on the conversation with Mr Hornberger without mentioning JBI himself? Certainly, under those circumstances, one wouldn't expect that "it would seem rather odd that someone would report this reaction". Were the "confidential information" concerns of the investigator based on the content of the documents or the content of the conversation of the poster?

"I just find the circumstances of the disclosure, coupled with the defense thereof, rather curious."
I'm not sure precisely what circumstances you're referring to, but you know what happened to the cat, right? Seriously, I'm curious about those circumstances as well......but if you're wondering about why I might defend the legality of the release and publication of documents absent the identity of the recipient(s) and the nature of the subject matter of the referenced order, it's based on the governing regulations:
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90s05_e.htm
If you can find anything in there indicating that a law has been broken, please point it out. I'll continue to defend the release of the linked documents until you do. For the fun of it. But frankly, I'd rather not entertain mere idle curiosity. Cite a law.
(BTW, the French version that you linked was of no help to me.)

"I know that I have not been served with a subpoena, nor have the other JBI shareholders I have spoken to personally about this......."
Maybe you missed the part about it being illegal for those shareholders to tell you that they had received a subpoena, if they had. Did you ask Mr Bordynuik?
I don't think that the OSC is interested in chatting with 200+ witnesses whose names appeared on a withdrawn registration statement either.