https://www.courtlistener.com/docket/67649362/securities-and-exchange-commission-v-schueler/
it feels more like they are just throwing shit at the wall and trying to see what sticks. But RH never paid anyone, the complaint has errors, SEC just wants to syphon money.
Void on it's face. it's the claimants job to prove their claim. they can't, truthfully. they are known for breaking their own rules... R knows this.
So SEC can only bring civil cases and RH can only, therefore, be sued. He cannot do jail time unless a criminal case is brought. What are the chances of a criminal case?
A criminal case requires a crime to be involved. Also, the SEC can't ask for an extortion fee, if the case is handed to DoJ, so they are not motivated to do that.
Ah. If DOJ gets the case, the SEC can’t also sue?
If the DoJ takes over the case, the SEC automatically loses the chance to demand an extortion. It would defy their entire operation.
Okay. So a criminal case is unlikely but possible. What criteria would need to be met for DOJ to take over?
An actual criminal offense. So zero chance unless based on fabricated claims. But generally fabricated claims can be used in civil lawsuits which allow for modification of claims during the process. A criminal case does not allow changing claims that easily.
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