The situation and how it progresses from here is pretty clear if you think about it. Ken will be instructing his lawyer to make sure everything is done to protect his own personal interests and assets. This means that Ken's lawyer is now being paid by Ken using our money to protect Ken from our lawsuits and claims. Funny huh?
Not only is Kens TOP priority his own interests (isn't that the same for everyone?) he will also want to close ACTM down as quickly and satisfactorily as possible. That will mean he has to, foremost, abide by the MSD ruling on reimbursement. He must then tackle the pre-order refund issue. Once he gets as far down that road as possible by exhausting company savings (75% of the mining coins are going to the MSD) the company will go into liquidation and Ken will wrap it up so that he as ex-CEO has no responsibility for the company's liabilities.
Sure Ken could potentially be sued by investors and a claim could be made on his personal assets eg his house and savings but if he acts like a CEO and fills in the correct forms he will protect himself as best he can from a successful claim on his personal assets. By the way behaving like a responsible CEO in the courts eyes would involve saying things like 'the company is in a great position and very strong'. That is PR. If he said 'the company is struggling, about to fold' he could be accused of undermining share performance and not doing his best for shareholders. So no matter how bad things are a CEO is usually expected to say positive things in public.
So right now Ken's lawyer will be focusing on protecting his client as any good lawyer does while this company is wound down.
What does Ken get out of this closure? Well you would think getting out of this mess with no financial liabilities and retaining his personal assests (in effect making nothing for his efforts over the past 12months) would be a good result right now. He is facing massive fines, individuals lawsuits, a class action suit. Closing the company (properly and legally) would for anyone I think seem to be the best option.
Is there anything else? Well you might not believe this but be cynical for a minute, almost every start-up CEO when they can get away with it will take some profits for their back-pocket. It's natural, it's simply self-preservation especially when you don't know if the company will make it past year 1. You would do it so why hasn't Ken? Well I think the lack of accounts and the ability to easily move BTC would say he definitely has a large number of coins somewhere. He could have 500, or 200. Both are significant amounts and will be worth a lot of money in a few years. He may have taken the coins underhanded or he may have paid himself the money as wages. Either way it's his coin now and nothing we can do about it. So put yourself in his position and think, what you would do?
Situation - 2-500 coins in the bank, a company facing huge fines and court cases, very little company savings.
It's more than obvious where this is going.
Well it looks like he has successfully done this with 3 or so previous companies, so I guess we can say he has the experience.
Good lord what a shit fest.
Keep in mind, this is a State investigation. It does not clear Ken from a potential federal investigation which would be a lot worse.
I think the possibiilty of the SEC getting involved is almost a certain. They just went after
Erik Voorhees, ACTM is now fully on the radar and a state is already involved.
Truly what a shit fest this company turned into!!!
Well now it is time to congratulate ken for his achievements over the past year. Indeed ken should be proud of this, I mean it takes certain skills to waste so much money in a year and run the company to the ground. simply SHAME ON YOU especially for taking monthly salary while almost most of investors lost 99% of their investment. I can't believe how you sleep at nights, with all the money you stole from people, with the lies you have told your shareholders.
Yet you have the gut to come and say " it's a bump in the road" . Define "bump" in your dictionary because I'm baffled with how you simplify things. I really wish SEC comes after you for all your fraudulent actions/ false updates/NDAs etc etc over the past year since you started this sham of a company called AMC/VMC, after all what goes around, comes around ken unless you run away to Belize
If you think you can get out of this mess without losing any of your own personal assets you better think again. I can't believe the fact that you would use investors money to hire a lawyer to protect yourself would sit well in a court of law, those expenses has to come out of your pocket not the investors.