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Bullboard - Stock Discussion Forum Puda Coal Inc PUDA

Puda Coal, Inc. (Puda) is a supplier of high-grade metallurgical coking coal to the industrial sector in the People’s Republic of China (the PRC or China). Its processed coking coal is primarily purchased by coke and steel producers for the purpose of making the coke required for the steel manufacturing process. Puda’s operations are conducted by Shanxi Puda Coal Group Co., Ltd (Shanxi Coal... see more

GREY:PUDA - Post Discussion

Puda Coal Inc > In a similar case...CNEP revoked today
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Post by coldheat on Apr 06, 2013 12:08am

In a similar case...CNEP revoked today

https://www.sec.gov/litigation/admin/2013/34-69314.pdf

 

I debated posting this with myself for most of the day but I decided to comment on it.

CNEP has some similarities to consider with the Puda case as it relates to the SEC and how they use non-judicial powers to protect shareholders...(they claim)

In the CNEP case however, the SEC and the courts have given up any chance of a settlement. I say this because the court removed the case from it's (Complex Civil Case) list and I can't seem to find a related case in the class action area on the dockets.....I can only assume that lawyers don't see any possibility of a return for their efforts and they may well be right.

I do believe that the Puda Coal case is not nearly as bad, as they had a top drawer US based accountant's name to bat around, and Puda used a few other top named contractors in it's offering so the lawyers saw some chance of settlement money. I also think that there are some actions that I am not privy to and have not been made public that have kept this case and the SEC from issuing the dreaded OIP.....at least for the time being...

However April marks the usual time period allowed for some sort of action by the primary Foreign defendants (Zhao and Zhu) to participate in the litigation. This has not yet been announced publicly but it was hinted at by the SEC a few weeks ago,, and if you follow the usual course of the time lines for this stuff....a OIP should be in the near term future. If issued, it will certainly eliminate any hope of the stocks survival unless Zhao repairs the balance sheet, repopulates the board, and supplies the SEC with lots of financial releases within the deadline. If not, this stock goes the same way that CNEP did today.

As for the court, there is a scheduled hearing on the 15th of April, they did not say much about it, but I assume they will be discussing the possibilities of the SEC's non-judicial actions pending, and the start date of jury selection and the trial.

Time is getting short Zhao, Ming.

Better move it or lose it all......Your choice......I am just a passenger on the slow freight train. I will lose several thousands of dollars, but you will lose your reputation for the rest of your life and that of your family as well as they will have to make excuses for you..............even after death..

Comment by coldheat on Apr 06, 2013 1:13am
Well...Well....Afer saying I could not find anything on the CNEP class action...I found it...lol The case is barely out of the starting blocks, having been filed in July of 2010, however there is a deadline date of this coming Monday for CNEP to file their brief in the Appelate court, 2nd circuit NY....In case you might be interested.. January 28, 2013 Catherine O’Hagan Wolfe Clerk of the Court ...more  
Comment by coldheat on Apr 06, 2013 1:24am
Just a little color on this appeal......CNEP is appealing a 75K judgment issued 5/27/11. Issued to Wang Hongun and others... I cannot see where a full class action ever fully materialized. two others cases were brought by individuals, and it appears they were dismissed.....Not going to spend much time on this, but there was no jury trial. These were summary judgments and one was granted for 75K... ...more  
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