Shows what you guys know. The receiver already contacted the SEC and made them aware of the situation. SCEI will not be included in the revocation hearing. They will await the results of the receivership process. But once again, thanks for shedding negative light on everything.
ADMINISTRATIVE PROCEEDINGS RULINGS
Release No. 2545/April 15, 2015
On April 8, 2015, Barry J. Mandel (Mandel), counsel for Robert W. Seiden, Receiver for Sino Clean Energy, Inc. (SCEI), filed a request for a twenty-one day ex tension to answer the OIP (Motion). In the Motion and at the prehearing conference, Mandel represented that the revocation of the registration of SCEI’s registered securities should not occur because certain plaintiffs, who hold at least fifteen percent of SCEI’s outstanding stock, were successful in having a Receiver appointed based on allegations that SCEI is being grossly mismanaged, and that there is a possibility that the missing financials may be filed soon. See Motion Exs. A, B. Mandel also represented during the prehearing conference that SCEI’s shareholders would be harmed by the revocation of the registration of SCEI’s securities.
I GRANT SCEI’s request for a twenty-one day extension to answer the OIP by April 27, 2015. As ordered at the prehearing conference, the Division of Enforcement (Division) may file a motion for summary disposition as to SCEI by May 15, 2015, SCEI may file a brief in opposition by June 19, 2015, and the Division may file its reply brief by July 6, 2015. 17 C.F.R. § 201. 154, .250.
Brenda P. Murray
Chief Administrative Law Judge
Latest conspiracy theory: sell the coal inventory and trucks and share the proceeds among Seiden and the group.
What of the rest of the shareholders?
One thing is clear: the walls of non-communication that protected Ren are still in place and now the 13-D group and their attorney have stepped out of sight.
I posted this earlier over on the ABAT board:
Sino Clean Energy, Inc. (SCEI) was the subject of an OIP issued yesterday by the SEC threatening revocation for filing delinquencies. In this instance, the SEC apparently elected not to suspend trading. (See SEC release 34-74574)
Other Chinese issuers included in the same the OIP are Bama Biotech, Inc., China inSure Holdings, Inc., and China Nutrifruit Group, Inc. (CNGL).
Note that during 2014, the average time elapsed from OIP issuance to revocation was 81 days. The average so far this year is 20 days, but the sample size is so small that I doubt its validity. Using the 2014 figure as a guide, there would seem to be a high probability that SCEI will be revoked in the next 90 days.
It seems SCEI is getting out of the slurry business.
Will Seiden (Robin Hood) and his merry men (Sutter et al), distribute proceeds from final production, or will they line their pockets with whatever scraps and crumbs they can pick up?
Has chairman Sutter found a girlfriend in Shanghai, or perhaps in Dongguan? Maybe he makes love to her behind the locked doors of the bk forfeited factory. The paper factory sharing the seized lot emits an odor, so no one would know.
Anyway, now that SCEI has announced they are following the leadership of mother China, Sutter seems likely to have far less direct responsibility. He can enjoy his time in the Middle Kingdom.
Should be fun to see his announcement after just a little more time:
Sorry. We shut it down. The company has nothing but bad debt and undelivered coal. I'm liquidating everything, but after payments to me, Seiden and the group, SCEI will be a valueless shell. We will work to eliminate the obligations through bankruptcy, and then put the shell on the market for $20k or so.
Its not Jim Sutter's email list, but his bank account that you have to see in order to trade and profit from inside information.
How much has Chairman Sutter pocketed from these efforts? How much has Seiden taken?
Thanks AV and lbcb321. Appreciate the updates! (Much better than the updates from Seiden/Sutter, which do not exist).
By the way, how's the slurry business doing. Oil bottomed relatively recently. Is wet coal coming back too? Did the company BK in the interim?
Jim, I noticed you've deleted all your posts under "jimsutter10"
Is that because you're now the Chairman of Tongchuan Suoke Clean Energy Co. Ltd., a Chinese corporation that may (or may not) be connected to the US public corporation SCEI? (Do you need to be careful now of the accuracy of your public statements?)
I've always enjoyed your informative updates here. (Many have called you a gentleman, or better.)
I'd certainly welcome some news of your findings with the Chinese operations... are you in agreement with the New Year's message just posted on SCEI's Suoang website?
And on the subject of posters -- what happened to our uber-informed brntjns1234: no posts in 3 months??? (And what about threegorgeousdamn? Not a peep in 6 months???)
What's happening to this thriving community of true believers? Could Ren have bested y'all??? Dang!!!
The Manipulators should absolutely be SUED! I see SCEI-holders are starting to exit.
The outlook for all things coal are very dark indeed now, including CWSF.
Sentiment: Strong Sell
=Jim, I noticed you've deleted all your posts under "jimsutter10"
I PROVED that Sutter profited from insider information given to him by the ABAT Corporate Secretary. Sutter removed his posts from there, also, but I quoted them in my replies. Sutter was told of BOD changes, upper management changes, the timing of release of an "internal audit" and other things which were well-documented. Sutter even commented he was probably "burning bridges" by revealing what he was being told. Sutter profited from this advance knowledge when he dumped his shares immediately after the pop when the information he had in advance was released to the public. It is all documented on the ABAT board. He threatened ABAT with a new alias he made up called shareholdermeeting. He admitted to it when I busted him when he replied to me without changing aliases.
Sutter is a snake and turned to SCEI to force action through the courts after abandoning all the ABAT people he promised to "help". Sutter denies it and threatens me, but he knows I can back it all up. His posts are not "gone"... we just can't view them anymore. His contemporaneous words are still alive in MY posts with my meticulous style of exactly quoting what I am replying to.
He had multiple aliases over at CBEH, also. In my opinion, he should be investigated by the SEC and there should be some disgorgement of trading profits. Yahoo can verify which aliases were connected to his IP address and how much he claimed to have insider information and how often it was true.
Don't worry, Sutter will have his buddy attorney Eugene Licker write a letter to the SEC asking them not to revoke since it would harm current shareholders. Wait, he already did that with CBEH and the SEC said it was irrelevant and revoked them anyway. The official SEC position was:
"Even if China Integrated should get all of its delinquent filings submitted before this Court rules on summary disposition, the respondent's securities registration should still be revoked based on its violations of the Exchange Act. In Absolute Potential, Inc., the Commission revoked the registration of the delinquent issuer despite the fact that it became current during summary disposition briefing. It is necessary to deter Absolute and other issuers from disregarding their obligations to present accurate and timely information to the investing public until spurred by the institution of proceedings. Deterrence is meaningful only if a lengthy delinquency, in the absence of strongly compelling circumstances regarding the other Gateway factors, results in revocation."
This will be no different. It WILL be revoked regardless of any games they play to try to stall it. CBEH shareholders got as high as 11 pennies before it was revoked, but it is amazing how many refused the gift and ended up with nothing instead of something. It will be interesting to see how many SCEI shareholders take nothing instead of something.
As a reminder to Sutter and the other 13D filers... you are breaking the law if you sell your shares without filing an amendment to your 13D. Your trading revenue will be disgorged and you will be subject to civil and criminal penalties. You are being watched.
Here again, whether by design, or as is more likely, due to bureaucratic ineptitude / indifference, the SEC has afforded those who wish to do so with an opportunity to exit before the revocation occurs.
While CBEH managed to drag the process out to 182 days (from OIP to revocation), I doubt whether Seiden would fare so well. In CBEH's case, they had an auditor engaged, had an articulable plan to regain compliance, had the Chinese management's cooperation with the auditors, etc., and it appears the SEC was willing to give them the benefit of the doubt. While it may be coincidental, the proceeding against CBEH wasn't finalized until it was clear they wouldn't be able to execute their plan to get the delinquent filings up to date.
In SCEI's case, I don't see even a pretense of cooperation from the Chinese side, which would seem a necessary pillar on which to found an argument for leniency with the SEC.
You all will get nothing for your shares NADA, NADA, NADA like the folks at CBEH. Very sorry for you guys.
All you need do is review the CBEH revocation to see that all these arguments were made there, also, and the SEC said WE DON'T CARE. CBEH had actually made a filing instead of just promising one that Seiden has NO WAY of producing.
This is merely a stall so Seiden can continue to rack up fees and the con game and manipulation can continue. If Seiden claims to be the receiver who is looking out for shareholders then tell us why he hasn't paid the $550 to get their Nevada registration current instead of in default status. How come he hasn't replaced Ren and the others who are STILL listed as the legal directors of Sino Clean Energy?
Does Seiden even have any claim to ask for an extension since the company has defaulted on their Nevada charter? There is no more legal entity for Seiden to control.
With that said... it is proper to grant the extension since the facts are not known. It will not prevent the Division of Enforcement from filing a motion for summary disposition and demanding the revocation. The same legal precedents in the CBEH revocation apply here.
Very interesting how parties here did, indeed, have nonpublic insider information. Guess you have to be on Jim Sutter's email list in order to be able to trade and profit from insider information.
SINO CLEAN ENERGY INC.
President - GREG GRAISON
1120 AVENUE OF THE AMERICAS, 4TH FLOOR
NEW YORK, NY 10036
Action Type: Annual List
File Date: 04/22/2015
[N.B. IMHO this update was necessary in order to reply to the SEC's OIP. After all, the Receiver could not very well contend SCEI is being grossly mismanaged while at the same time doing nothing to replace the Nevada corporate Officers. This is getting entertaining!]
[[P.S. Looks like they spelled his name wrong on the filing -- should be "Gregg" Graison! And of course the address is just a virtual office space.]]
George! What a surprise. Thank you for contributing to our discussion board with your grumpy old man babel. Really nice that you're able to belittle people who are eager to learn what's going on with the company.
Obviously, someone paid good money to "issue" a puff-job (but vague) news release that your 13-D co-conspirator, Jim Sutter, has been installed as Chairman of Tongchuan Suoke Clean Energy Co. Ltd.
(The insinuation being, that Chairman of Tongchuan overrides SCEI -- but as far as I can see, Sino Clean, the Nevada corporation you own shares in, is still controlled by Ren.)
Is James getting a hefty fee for his new official duties? All-expense-paid junkets to Asia to oversee the empire and employees? Will he share his new wealth with you and the bagholders?
Any idea why they are avoiding taking control over the US corp holding company? Could it be they don't want to be subject to SEC requirements and legal liability?
So ironic that your big gripe with Ren was that he was not disclosing information (I, on the other hand, felt he was a fraud and the stock a worthless scam -- but you all kept insisting that Ren was the best CEO in the world, and the company a fantastically profitable operation... if only he would file the SEC forms on time!)... and yet you now support James in the secrecy campaign.
It almost makes me want to tour the plants to see what you all are so afraid of disclosing to shareholders.
(((Have you considered converting your home-heating boiler to CWSF, just to see how efficient and economical it is???))) :)
Like most companies, SCEI prefers to report good news. I imagine Chairman Sutter is finding a variety of barriers to success in China, and more importantly, is finding that the money is gone, the ceo doesn't care and that there is little to report other than "we're still trying to figure it out."
Now that he is chairman, and is in control of the operating companies, I imagine Jim is surprised at the liabilities involved. It seems unlikely that he'll be able to simply empty the bank accounts and pay off the shareholders.
That said, insiders seem to be moving the shares up, so whatever inside information has inspired the trades must be good. I hope the Chairman sees fit to release the information quickly, as to avoid additional liabilities under US Securities laws.
Will chairman Sutter celebrate by obtaining a pink slip in China for the scei slurry delivery trucks in his own name?? Or, has he elected bankruptcy and liquidation in order to pay professional fees to Seiden et al?
How would the chairman's name appear on a Chinese pink slip? How do you spell Sutter in Chinese?