RE: Value of Shares20 Nov 2019 07:23
Posted by Madpunter on the 20th October :-
Earsbern - I had missed the part about the scheduling (in your 19:18 post) or forgotten it. This part is significant IMHO 'Defendants (my note: OMF) are not prepared to engage in any form of ADR at this time.' While there was even a very small chance of a deal under the ADR, I decided not to elaborate. However, IMHO after reading the above quote, there is no chance of a deal under the ADR. Prior to the court papers posted on the 14th June, I was under the impression that due to a possible CRS with SH/O in the Civil Courts, no prosecution would arise in the Criminal Courts (see the 9th post down in the 1st link below about the Civil Regulatory Settlement for Mickelson's insider dealing). After reading the court papers, I looked up a few legal words from the 'FIFTH AFFIRMATIVE DEFENSE (Waiver, Laches, Estoppel) Plaintiffs’ claims are barred under the doctrines of waiver, laches, estoppel and acquiescence.' (see the last post of the 2nd link below and the 3rd and 4th links). I'm no lawyer, but IMHO the CRS in the Mickelson case results in one of two interpretations.
1) Mickelson waives his right to hide behind the Fifth Amendment (the 5th) as the CRS has righted the wrong, resulting in no prosecution by the SEC.
2) The SEC waives their right to prosecute Mickelson, as the wrong has been put right by the CRS.
Either way a waiver has been applied due to the CRS. However, under Californian Law the waiver does not apply under certain circumstances 'In US states such as California, a waiver is not lawful when it is contrary to an express provision of law, its implicit policy, or good morals.[4] Furthermore, one cannot waive responsibility for violation of law, willful injury to a person or property of another, for fraud, or waive their residential tenant rights.' (see the 4th link below). Therefore, IMHO if the smoking gun (YA) is linked to SH/O it could not be used in the Californian jurisdiction without also incriminating Troy Rillo and YA. Furthermore, any evidence from the discovery incriminating SH/O, regardless of any CRS, could still result in Criminal proceedings with the SEC. Hence the discovery process doesn't start until after the ADR, as when the genie is released, it can't be put back. This also explains why the Smoking gun was not revealed in the Caymens and why FRR's lawyers referred to 'privileged information'. IMHO the case would be held in another jurisdiction, possibly Texas, if it needs to go to appeal, and only then will the smoking gun (YA) be used.
https://www.lse.co.uk/chat/general/commodities-and-mining/frontera-archive-41C7D130-7E51-4344-82E7-83B697F53322.html?page=8
https://www.lse.co.uk/chat/general/commodities-and-mining/frontera-archive-41C7D130-7E51-4344-82E7-83B697F53322.html?page=14
https://www.lockelord.com/-/media/files/newsandevents/news/2010/10/what-every-civil-litigator-needs
https://en.wikipedia.org/wiki/Waiver