Hate to say it that lawyer is correct. Cut right through the smoke to where it is and what it is. Actually quite comical, all reads like a debate on here between two people nitpicking over semantics. he said she said I know you are but what am I bullshit. Could of saved a ton of money and hashed the whole thing out right here on this thread of bitcointalk.org.
Not sure how plaintiffs can respond to this, I see the asked for a reply by the 27th but the original previous request for an extension afforded the plaintiffs till January 27th 2017 to reply.
No clue anymore other than those two snippets of shit Homero coughed up about the book birthday present and Uncle Stu lamenting the birth of his kid, what use did that useless sack of shit provide them.
They need to try to wrap this up before the end of the year. Give the SEC a chance now, otherwise they're wasting our time with this back and forth nonsense, let the real lawyers and government gang take a swing. Pretty sure the IRS is sitting in the wings wanting to know where the taxes are on those 20 millions that disappeared.
There are some good points in that doc but on the other hand Fraser bankrolled the whole operation... he could have stopped it at any time if he quit funding it - Homero was losing money every step of the way until he hit jackpot with the hashlet ponzi, which gave him a few months of reckless spending. The nitpicking about 41% is ludicrous, it's just a number Homero came up with to make himself feel like he owned something while he was charging everything to Elise's Amex.
Anyway, I have mixed feelings about this "devil" thing. Sure, Homero is an utter dipshit, but for a Wall Street big shot to fund a ponzi and pretend like it's no big deal because he
"only" had 41% is pure bullshit.
At least they're not friends anymore so let's hope Homero ends up appropriately poor and miserable and perhaps even has to (gasp) work for a living.
what funding though?
What were gaw's expenses? they didn't pay the electric bill, they didn't buy miners, they didn't pay for btc.com. how much does it cost to run a cloud mining ponzi? you need a website and a script to make up numbers.
Homero's cars and private jets?
For any rational ponzi scammer your statement would be true but we're not dealing with such a person here. From what I've seen in those e-mails it looked like he was running GAW's hardware business at a loss and used Fraser's "credit line" to prop it up. Even when he was presumably rolling in all the hashlet money he was still using Fraser's credit card. I'm quite certain that at any point Fraser could have said "I'm out" and the house of cards would have collapsed. Which is what likely happened in early 2015 when the SEC stepped in. Whether that constitutes "control" under security laws though - not sure.