Improperly joining all these people and entities together
Statute of limitations has ran out
Failing to make a clear case for prosecution and taking too long to do it.
Posted by Musicman - Sponge Board
You are a complete buffoon!
SOL, of which there are many (and most run longer than this Co has even existed), haven't even been a point to present to the defense attornies....on this ongoing crime(s).
So misdeads can only be prosecuted if they are done by seperate individuals? They ARE named seperately. ASSHOLE
Put them together TOO- called consipracy = crime. JERK.
This case has been exceptionally well documented in a 20+ count indictment, with more to come - taking the 5th and asking for delays and to negotiate settlement is NOT clear responses - and certainly not things that should work to the defendants favor. THESE CASES TYICALLY TAKE - 5-7 YEARS dummy.
Is there sufficient evidence to substantiate the
complaint as it stands?
By taking the fifth, they eliminate the possibility of providing evidence that hasn't been discovered.
This puts the burden of proof on the SEC.
The court will deteermine if the current complaint stands on its own merit and moves forward or if the courts inform the SEC that additional evidence is needed to move forward.
If not any is available, the complaint will be dismissed.
YUP THROW THE CASE OUT!!
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
The Complaint fails to state a cause of action upon which relief may be granted.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
The claims alleged in the Complaint are barred, in whole or in part, by the
applicable statute of limitations.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
The relief sought in the Complaint is barred, in whole or in part, by the doctrines
of waiver, release, consent and estoppel.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
The relief sought in the Complaint is barred, in whole or in part, by the equitable
doctrine of laches.
Case 1:10-cv-02031-DLI -JMA Document 38 Filed 06/16/10 Page 24 of 25
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
The relief sought in the Complaint is barred, in whole or in part, by plaintiff’s
misjoinder of parties to this action.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
Mr. Moskowitz reserves the right to raise additional affirmative defenses and to
supplement those asserted herein upon discovery of further information regarding the
claims asserted in the Complaint. These additional defenses cannot be asserted at this
time because of the lack of detail in the Complaint concerning Plaintiff’s claims, in
particular, Plaintiff’s failure to plead fraud against Mr. Moskowitz with the particularity"