Was the act of the publishing the false CCP ‘report’ a crime a misdemeanour or just ‘fair play’?
Q1. Who posted the report?
We do not know for certain. I note however that whoever they were they created two ‘legal obstacles’ to separate themselves from their work: a) They used an anonymous author’s name – (Checkmate Research), and b) they published the paper in a different jurisdiction (USA).
Q2. Did the person(s) who published the vindictive inaccurate Checkmate Report commit crimes under Australia law, or were their actions merely misdemeanours?
Given that the report as intentional, largely false and damaging it seems likely that ……..
Q3. If they did commit crimes, specifically what were those crimes?
Something to think about.
Q4. Was Credit Corp Group defamed by the report?
I believe they were. It appears that the report was designed to deliberately harm CCP generally, its reputation, its management’s reputation, its auditors and also to manipulate its share price.
Q5. Did the writer(s), or their associates, profit unfairly/ illegally from the subsequent fall in the CCP share price?
We cannot know this. It needs to be investigated by ASIC.
Q6. Has the Australian share market been damaged by their actions?
Indirectly yes. Any action by cowboys/ market manipulators who profit unfairly at the expense of other investors undermines the integrity of the whole market. These practices need to be stamped out, for the good of the whole.
Q7. If they did commit crimes, can they and will they should be prosecuted either by ASIC, the Australian Federal police or pursued for damages in a civil court by CCP?
If CCP or any Australian law enforcement agency is of the opinion that the act of publishing of this false / poisonous report may have been a criminal act then they should conduct an investigation and if that investigation generates sufficient evidence to prove that crimes were committed, they should pursue the perpetrators.
K
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