@intrusivethought “directors engaged in wrongdoing should go”29 Jul 2023 13:50
@intrusivethought “directors engaged in wrongdoing should go”
Here is just one thread with 8 incidents (numbered #1 - #8) of wrongdoing (out of 10+ threads) by the current board.
According to paragraphs (28) and (48) of the MAR regulations, Edison’s reports are inside information that the board is responsible for. https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014R0596&from=EN The board says they provided only public info to Edison, and Edison’s disclaimer also says their reports are based on public info.
In the video clip of the 24/2 meeting, Hamoodi asks why the board did not disclose the damages amounts in Nanoco’s damages report when it was made public by court. Tenner says he had never seen it because it contains sensitive Samsung information (#1) and only had “our own versions of the damages models (including the amounts)”, as if they are different from those in the court papers (#2). In the 28/3 RNS, he essentially admits his earlier statement was a lie by referencing “Nanoco's own 'low case' damages model (sometimes referred to in public court papers as the 'Dow' approach, which was considerably lower than the settlement value agreed)”, admitting #1 and #2 were lies.
In the 28/4 response to Hamoodi’s 10/3 letter, as an excuse for not issuing an RNS with the damages amounts from the court papers, the board states these damages models (including $43.9M) were disclosed on the public court record and were subsequently discussed in UK investor share chat forums, neither of which has been made available on this BB to this day (#3).
Failure to issue an RNS with the damages amounts is a violation of Article 17 Section 1 of the MAR regulation requiring the board “to ensure that the inside information is made public in a manner which enables fast access and complete, correct and timely assessment of the information by the public and, where applicable, in the officially appointed mechanism” like an RNS (#4).
The 28/4 letter then distorts Hamoodi’s question about why the damages amounts in the court papers (information already known to Samsung) were not disclosed to shareholders (both when filed on 20/5/21 and when released by the court around 1/7/22) into a bogus question, as if Hamoodi was asking why the board did not disclose their confidential perspective on the merits and prospects assessments as to “the true position as regards damages estimates and, therefore, settlement prospects in the Samsung Litigation” (#5).
So, did the board provide the $43.9M low end damages amount in the public court papers to Edison? If yes, the board is liable for knowingly sponsoring Edison to publish bogus estimates and Edison is liable for knowingly publishing bogus estimates. If no, the board’s statement that the court papers containing $43.9M of low end damages (Dow approach) were publicly available (hence not requiring an RNS) must be a lie (#6).