Mark does not legally have to make ANY report available to ANY one (except the tax man/lady) so long as the company is trading on the Grey Market tier or Pink no information tier, etc.
As your typical 'Stinky Pinky', this may be true.
However, as a CEO that claims he wants the stock trading on a higher tier, this couldn't be further from the truth. Period!! No Ifs, Ands, or Buts!!