Hi CDU'ers
The following is a slightly edited text of a letter that I sent to ASIC on the 14th October, 2014.
A copy has also be sent to Senator John Williams, Chairman of the Senate Inquiry into ASIC.
"Mr. Greg Medcraft, Chairman ,
Australian Securities and Investments Commission,
Level 24, 120 Collins Street, Melbourne. Vic 3001.
Your ref.CCC11\0338 CuDeco(CDU) Limited – Trading.
Dear Mr. Medcraft,
Following receipt of the letter from your Secretariat on the 14th November, 2013,
I wrote to the Hon. Stuart Laurence Ayres, MP, Minister for Police and Emergency
Services NSW, requesting an investigation into the unsigned “F...... S...........”
document circulated to subscribers around the JORC Announcement by the ASX of
CuDeco(CDU) Limited on the 18th August, 2010.
I was advised by letter that the NSW Police Force will consider any request it
receives from the Australian Securities and Investments Commission to
investigate a corporate irregularity that may infringe NSW Criminal code.
Attached is a copy of his reply to me.
The High Court of Australia has made two recent rulings in this area:
(i) Unanimously ruled that the buying and selling of shares on the
Australian Securities Exchange(ASX) to create or maintain a share price
is an offence of market manipulation; and
(ii) The decision on Proportionate Liability suggested a relatively broad approach to
identifying all the concurrent wrongdoers.
The effect of this decision, therefore, is that it will include any person who
materially contributed to the loss, in the sense that the act or omission of
that person played some part in contributing to the loss.
It does not matter that the loss may have been caused in a different
way by each concurrent wrongdoer, or even that only one of the concurrent
wrongdoers may have acted fraudulently.
In view of the Minister for Police and Emergency Services NSW comments, and the
recent recommendation of the Senate Inquiry into ASIC, that extra funds are
available for ASIC to undertake investigations of the nature I propose, I request
that ASIC re-consider and investigate my earlier representations on the matter.
Yours sincerely,
Maxw... ......"
Referred for the information of CDU shareholders concerned.
cheers,
Max
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