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janice shell

11/26/13 2:44 PM

#54638 RE: petermic #54630

So, it's a matter of the timing of the selling? Or its disclosure?

Some obvious frontrunners seem to escape enforcement actions by saying they have a position in the stock and may sell it as they see fit. That may offer them some protection, though it's possible the SEC could find a way around it if they felt the promoter's offenses were serious enough.

Other factors involved would be how he got the stock he owns and is selling. If he bought it on the open market, did he get a tip from an insider? Did he buy convertible debt or participate in a private placement? And so on...