LOL!!!! Good grief! Dead wrong across the board.
(1) A derative suit is against officers ON BEHALF of the company. It's impossible for JBII to "lose" a derative suit -- they are beneficiary! lol good grief lol lol lol. Any award goes to JBII's pockets, even if it's from the insurance company!
(2) Non-fraud no admission of guilt means class action suit is DEAD on the spot in terms of strength. It will be settled for peanuts and PAID FOR by JBII's insurance company.
(3) I heard thousands of times that there's no way the SEC would accept John as Chief of Technology. lol
(4) The January 2012 PR said a settlement was attempted then, follow-on Pacer updates said settlement talks are ongoing. Then the PACER updates ceased. It was obvious a settlement was going on. Why would they fight a $150,000 fine? That would be brain dead.
(5) Fraud would involve a PERMANENT officer ban. This is a TEMPORARY one, in line with an accounting error. The SEC doesn't allow temporary officer bans for accounting fraud.
Longs win. I've spent more on dinner than this fine cost. lol lol lol