Message ID: 78723
Posted By: freecode_99
Posted On: 2004-01-08 12:13:00
Subject: So What Shall it Take?

If they have screwed the pooch by failing to disclose the risk under their fiduciary responsibilities, what part of Sarbanes-Oxley or whatever corporate governance laws does this violate?

As this is yet another failure to disclose in this long-standing series of failures to disclose, I am going to complain yet again when I do find the right statute and section of the law, for they have signed their names to the documents which swore that they had disclosed all risks. They did not - so the gig is up now.

That is criminal. If nothing happens, then we know that Justice has failed to perform their duty.

So, what will it take to get someone to do somethign and prosecute this case at last?

Message ID: 78740
Posted By: rex007can
Posted On: 2004-01-08 12:36:00
Subject: Re: So What Shall it Take?

There is a very good article on Groklaw explaining the whole "Risk" thing.

Message ID: 78741
Posted By: freecode_99
Posted On: 2004-01-08 12:38:00
Subject: Re: So What Shall it Take?

Thanks, now I have a new letter of complaint to write.

They alsoe would seem to have violated the certification rules of disclosure of risks. That should be actionable as well.

Time for me to be spending energy readiun through S-O and the SEC rules for sending in a rules-based letter whioch specifies the complaint in legal terms, showing each and every violation.

Thanks for the assistance, now let's see if S-O has any teeth.


Message ID: 78814
Posted By: freecode_99
Posted On: 2004-01-08 15:11:00
Subject: Disclosures - interesting stuff

Okay, there are several things wrong and noteworthy for complaint so far. The people who are on the hook are the affiants who have certified the completeness and correct nature of the filings including the risks therein mentioned. That gets it into a gray area. I will be sending the letter when I have noted every possible violation under each section and paragraph.

The rules for Cohen's indiscretions are different, and they may be harder to prove under law, but this is clear-cut and time has passed (that is significant) wherein this was not mentioned or disclosed.

Under the LOC database, USL is still a claimant as well - so there is a third party to be considered here. Who really owns what would be determined by the Original UNIX sales agrmt. between USL and Novell - otherwise, we have 3 parties claiming ownership.

Even then, the USL vs. BSD agrmt is not something that SCO Group can challenge - even if they own copyrights (doubtful). That one was decided and precedent established. All else is BS.

Letter will be sent when finished. Oh Dan, yes, I always do sign my letters. I don't work in a place where JC can reach out and touch me either. :)


Message ID: 79296
Posted By: freecode_99
Posted On: 2004-01-10 16:20:00
Subject: Letter being sent

Okay, I had the stomach bug, but I am sending my letter of complaint (yeah Danno, it is signed by this crunchie) to the Public Company Accounting Oversight Board, the SEC, and the Office of the Attorney General for the State of New York.

Now it is time to see if Sarbanes-Oxley has teeth or not. The violations have been reported by section. The violating documents have been noted. Let us see what that does.


Message ID: 80779
Posted By: freecode_99
Posted On: 2004-01-14 10:56:00
Subject: Risk Statements sources objection

The source of Fenwick, et al, cannot be considered a source of unbiased information. They have ties to Caldera and Canopy, and have been around their business for a long time.

If someone seeks to refute, they need a source that has no relationship with Canopy/SCO Groups.

Letters went anyway. Public Company Accounting Oversight Board, SEC and NY State Atty. General.

Thanks for playing.
Have a nice day.


Message ID: 80985
Posted By: freecode_99
Posted On: 2004-01-14 14:29:00
Subject: Letters out - all sent, finalized today

All parties copied as stated. If they all know that each has a copy, somebody will have to move first or lose the initiative.

Signed to boot, Danny.


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