Wow indeed? Why would the same company issue a PR that said they "believed" they were eligible for Nasdaq listing when it was clear from a cursory reading they were not? Why would they issue notice after notice about pending deals and OEMs and volume sales when they were not true?
Two reasons: they know that no one is going to do anything about it because (second reason) all their language is carefully crafted around selected language which provides that selfsame deniability in addition to repetition of their mantra, the Safe Harbor protection.
Hope that answers your question. Meanwhile, they just keep taking and making money.
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