today's asx announcement to shareholders, page-2

Before asking whether the CEO and directors would be entitled to payments from the DoCA process (no liquidation hopefully), one needs to ask: how does the announcement to the ASX on March 19 (quote below), in which these individuals claim that "exhaustive efforts failed to attract sufficient capital", square with the email sent by Cowen & Co to Berlin Heart 9 days EARLIER, in which they say "it is quite late in the process to get you involved" (not "you have not provided sufficient capital").

"Despite outstanding success with its clinical trials of the VentrAssist® Left Ventricular Assist Device (LVAD) and an exhaustive effort on the part of the Company and its US and Australian financial advisers to seek investors, the Company has not been able to attract sufficient capital to fund its operations through to 30 June 2009."

What is the penalty for making misleading announcements to the ASX again?