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21ZNA9

09/27/12 5:11 AM

#4 RE: Choi #3

A lack of a Well's Notice has nothing to do with financials. None of the 16 suspended companies have yet received a Well's Notice. If further enforcement is deemed necessary as the investigations continue then a Well's Notice would be issued to inform company (ies) that more enforcement such as a civil action is coming.
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BigBake1

09/27/12 10:47 AM

#6 RE: Choi #3

There isn't a standardized approach to a lot these suspensions, much like the massive group suspended in May, they were not given a "wells" notice.

The whole wording thing of what exactly the SEC stated about GTGP has nothing to do with not finding an accuracy issue. It is the fact the company has provided no information period about the financial status currently. One cannot state there is accuracy issues when there is nothing to derive accuracy from.

Many also believe that filing an 8K meets Reg FD requirements for disclosure and that is false. An 8K is just one piece of the Reg FD requirement, it is simply a filing that is used in between larger filings of Ks and Qs. But then the following K or Q must have all of the financials concenring the matter. In fact when you look at GTGPs 8K's they were very inadequate, they contained no information about the dealings and most in fact do not qualify as a "Material Event".

The simple fact is GTGP was omitting information which is no different than a lie.
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Cassandra

09/27/12 11:38 AM

#8 RE: Choi #3

It's my understanding that Wells Notices are sent out in some cases to notify a company or individuals that they are considering litigation.

I don't believe the SEC sends out Wells Notices for suspensions as they are not litigation.
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janice shell

09/27/12 6:45 PM

#24 RE: Choi #3

As has been explained elsewhere, a Wells notice is the final step. The SEC sends one when an investigation is substantially complete. Its purpose is to announce the agency's intention to sue the company or individual in question.

The GTCP investigation is ongoing.