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Author Topic: Fred93 blog - SEC offer of settlement  (Read 7446 times)

Fred93

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Fred93 blog - SEC offer of settlement
« on: February 18, 2009, 12:51:38 am »

Fred recoils in horror at lawyer language that seems straight from the book "1984".

Read all about it...
http://fred93blog.blogspot.com/2009/02/prospercom-sec-offer-of-settlement.html

You may recall that when the SEC issued their Cease & Desist order in November, it said that they had accepted Prosper's offer of settlement, but they didn't make the offer of settlement public at that time.  Now they have.

Here's the meat:
Prosper's SEC Offer of Settlement


mhs505

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Re: Fred93 blog - SEC offer of settlement
« Reply #1 on: February 26, 2009, 08:16:26 pm »

So there was no monetary portion to this at all?
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pioneer11

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Re: Fred93 blog - SEC offer of settlement
« Reply #2 on: February 26, 2009, 08:27:29 pm »

I am not a lawyer and do not even play one on tv.  There seems to be absolutely nothing there.  Lawyer folks, what am I missing?
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Fred93

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Re: Fred93 blog - SEC offer of settlement
« Reply #3 on: February 26, 2009, 11:19:21 pm »

I am not a lawyer and do not even play one on tv.  There seems to be absolutely nothing there.  Lawyer folks, what am I missing?

Yea.  It is a lesson, I think, in how the government works.  I wrote a few sentences of my impressions of the thing in my blog.

Urbi_et_Orbi

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Re: Fred93 blog - SEC offer of settlement
« Reply #4 on: February 27, 2009, 12:43:17 pm »

Fred's excellent blog has also attracted the trademark simplistic musings of one Private_Lender.
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Mothandrust: "Why's he off the ballot in Colorado but it's OK for the other 48 states and Hawaii to vote for him"
https://www.prospers.org/forum/index.php?topic=37264.msg807090#msg807090

bamalucky

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Re: Fred93 blog - SEC offer of settlement
« Reply #5 on: February 27, 2009, 12:46:59 pm »

Fred's excellent blog has also attracted the trademark simplistic musings of one Private_Lender.
* bamalucky runs to look

http://www.ericscc.com/lenders/privatelender
« Last Edit: February 27, 2009, 12:48:54 pm by bamalucky »
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Urbi_et_Orbi

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Re: Fred93 blog - SEC offer of settlement
« Reply #6 on: February 27, 2009, 12:54:05 pm »

He is one of the few people here who actually deserves to lose money.
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Mothandrust: "Why's he off the ballot in Colorado but it's OK for the other 48 states and Hawaii to vote for him"
https://www.prospers.org/forum/index.php?topic=37264.msg807090#msg807090

112233

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Re: Fred93 blog - SEC offer of settlement
« Reply #7 on: February 27, 2009, 12:55:35 pm »

you should have diversified with $50 bids
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brianguy

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Re: Fred93 blog - SEC offer of settlement
« Reply #8 on: February 27, 2009, 03:45:03 pm »

not to mention AA A B C D E... magic charm right there.


 :)
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112233

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Re: Fred93 blog - SEC offer of settlement
« Reply #9 on: February 28, 2009, 12:53:11 am »

that diversification thing reminds me of blackjack players who play multiple spots at the table
« Last Edit: March 01, 2009, 08:45:13 am by 112233 »
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rilesemo

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Re: Fred93 blog - SEC offer of settlement
« Reply #10 on: March 01, 2009, 06:46:06 am »

that diversification thing reminds of blackjack players who play multiple spots at the table

Winner winner chicken dinner!  :-X
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cowdog

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Re: Fred93 blog - SEC offer of settlement
« Reply #11 on: March 01, 2009, 12:07:45 pm »

Was halting collection activity and dismissing the court cases to comply with this order?
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ira01

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Re: Fred93 blog - SEC offer of settlement
« Reply #12 on: March 01, 2009, 12:46:26 pm »

Was halting collection activity and dismissing the court cases to comply with this order?

NO!

The SEC issues involve ONLY the sale of the notes from Prosper (the original creditor) to the lenders.  The SEC is not involved with the loans themselves -- which were completely lawful and which remain legally enforceable obligations of the borrowers. 

Also, while there have been a number of unexplained dismissals, other NAT cases remain pending.
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christoofar215

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Re: Fred93 blog - SEC offer of settlement
« Reply #13 on: March 01, 2009, 04:02:27 pm »

My reading of the offer letter:


Page 1

Hi, we're the SEC.   And you're Prosper.   And you are so f_____d right now.   We, at present, own your ass.

Page 2

Ok, while we're investigating this mess, you're going to admit that we own your ass and that we sent you a nastygram telling you that you violated securities law, you admit that we are your overlords, and it is US who you will have to deal with to settle any question about what specific laws you might have broken.

Now, if you sign this letter, you just can't go in public on your cute little blog or on TV and deny that you did NOT violate any securities law or the SEC is screwing things up and we're just picking on you.   If you sit in your office and post on the Internet and tell your customers that you deny everything and you don't even acknowledge that we even sent you a C&D... you will be punished.

After all, we are your overlords.


Oh yes, you will also promise not to claim double jeapordy if we make an agreeable settlement with you, then come back and bite your ass later.


Page 3

Here's a few laws we're going to ask you to also waive your rights of claims against the SEC for attorney's fees for any work done up until this point.  So don't be foolish and send us any bills for that sorta noise.


Not only do you acknowledge that we are your overlords, you need to sign here at the bottom attesting to agreement to this offer, and also that we didn't threaten you in any way to sign this thing---it was totally your decision, man   (as if you have any real say in these sorts of things).



Page 4

Some douche who was interrupted from eating his bagel has to swear on a peace of paper that Larsen was there when he signed page 3.
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beerbud1

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Re: Fred93 blog - SEC offer of settlement
« Reply #14 on: March 01, 2009, 04:05:20 pm »

 :D :) ;D :-X
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