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Dave wrote:
On Fri, 07 Jan 2005 18:12:20 -0500, Jeff Morris said: You're correct from a legal point of view, however, it is clear that he violated the rules concerning insider trading, and he violated the regulation required reporting the transaction. You're hopelessly confused here. Form 4 is filed because of Sections 16(a) and 16(b) of the Securities Exchange Act of 1934. Under those sections, a company is entitled to, and in fact effectively required to, recover any profit an officer, director or 10% or more shareholder makes on a purchase and sale, or sale and purchase, of the company's stock within any six month period. The recovery is totally unaffected by whether the officer, director or shareholder had any inside information. Late filing of these forms is so common, that the SEC has a separate designation for annual reports of a company where any insider has been late in filing Form 4. I've seen many, many of these forms filed late, and I've never heard of an insider's getting so much as a phone call about the late filing. So as to the late form, Bush was treated just like any other officer, director or 10% shareholder. As to the insider trading, I just don't know what the evidence was. The Commission doesn't publish anything when it terminates an investigation without starting an enforcement proceeding. The mere fact that someone sold, and adverse information became public at a later date isn't enough to make out a claim. The Commission would have to show that Bush knew the information at the time he sold. Having been involved in a few similar cases, I can tell you that ain't easy in many cases. James Doty is a widely respected securities lawyer among those who practice in the area. He'd have been nuts to damage a well-earned reputation by putting in the "fix." But of course that won't stop the fringe freaks from making up conspiracy stories. Dave You crack me up Dave. You put so much effort into making this sound respectable, but all you've done is shown why so many lawyers are considered the scum of the Earth. Are you really trying to claim that when the president of a company sells a large block of stock a week after being told that the company may fold in two weeks is not the very definition of "insider trading"? OK Dave, how about some more double-talk. That will really convince us. |
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