Saturday, June 12, 2010

Some back and forth emails with that SEC office

"To Whom It May Concern:

I am writing in reference to your complaint which was received by the U.S. Securities and Exchange Commission on May 16, 2010. My colleagues and I are interested in setting up a telephonic meeting with you to further discuss your complaint. As such, we would appreciate if you would provide your contact information, and a date and time that you will be available to speak with us. Please feel free to contact me at the above email address or the below listed number. Thank You."

First I sent an accepting response then I sent this by the end of the day

"Because of some unexpected event I think that I wont be available

these next few days.I will contact you when ready.
I appreciate your attention to my complaint."

To that they responded with this

"Can you please let me know how soon you will be available for a meeting? We would like to proceed with your complaint but it is imperative that we speak with you first. Thanks."

To that I responded with this:

"But according to the SEC information,they cannot

"disclose the existence or non-existence of an investigation
and any information gathered unless made a matter of public
record in proceedings brought before the SEC or in the courts"
Isn't you contacting me considered a disclosure for existence
of an investigation without being first disclosed in public records?
Wouldn't I be having information unavailable to other investors because
of this contact?How much and how long having such information would
restrict me from trading the stock?
In addition,I wont disclose in any such contact if it happens
any more information other than what I am ready to disclose publicly
to everybody else.
Don't get me wrong.I am very eager to see my complaint being
investigated.But history lessons taught me to be -frankly
speaking- suspicious even with what may come from the SEC
staff unless I see firmly established things."

To that someone else responded and CCed the one who was
my main contact until that time in addition to another person.
All their emails ended with "@SEC.GOV":

"Mr. XXXXX
Thank you for sending us your complaint and agreeing to speak with us. Please understand that us contacting you does not mean that we are undertaking an examination of Midsummer Capital. Rather, our purpose for contacting you is to get a better understanding of the complaint that you submitted to the SEC. Our conversation also does not necessarily constitute the SEC beginning an examination of Midsummer Capital. Additionally, contacting the SEC does not restrict you from trading in Midsummer's stock. If you have any further concerns, please let me know. We look forward to our conversation with you."

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