xenophon:
It ain’t like that. Any investigation needs to either start where the old one left off, or show why the old one was flawed.
I suppose you can investigate all you want, however I don’t think you can expect the Government to do so unless you have something that is both significant and new, or you can show that the investigation was flawed.
At some point you have to step back and consider the element of “fair play” and consider that what you are looking at is noprosecutable, over ten years old, and was thoroughly investigated at the time, and shown to be without merit.
If you are going to bring it out as something worth examining in the public eye, and worth reinvestigating public dollars than you should have at least a reasonable possibility of producing a case with merit.
In order to do so, you’re going to need to overcome all four of the points that the SEC cited when they closed their investigation.
If you have no plan, or possibility or scenario for doing so, then what you’re doing is simply political masturbation.
Let’s just say for a minute that you can prove that Bush posessed knowledge that Harkens was going to post those huge losses.
You’re still going to die on materiality and the preexisting liquidation plan. I don’t see anyway around those two roadblocks.
As tough as it would be to prove what Bush did or didn’t know, it’s all moot and academic unless you can show that the information was material and that Bush acted in contemplation of it.
With the preexisting sell scenario, the SECs report on nonmateriality, the market’s non-reaction not to mention the analysts concurring opinion on the information lacking significance, you have no realistic shot at either materiality, or a sale in contemplation of the information.
Failing the windfall of finding a smoking gun, any information you are able to find that Bush knew something he shouldn’t is likely to be circumstantial in nature, and even if it isn’t, the fact that Bush sought counsel before his sale (both legal and from management,) is going to strongly suggest that he acted in good faith.
There are four corners to an illegal insider trade. To show that someone has broken the law you must have all four corners. Those corners are.
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The person in question must be in posession of the information in question.
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The information must be material
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The information must not be public
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The person in question must act on that information
The fact is that right now a strong case can’t be made for any of these corners, and you need all four
You keep talking about the need for a new investigation, but what is it you’re going to investigate? What do you hope to achieve?
Can you even create a hypothesis that overcomes the current difficulties and gives you the four corners?
If you can’t you might as well investigate UFOs