Professional Documents
Culture Documents
10-1186
Oral Argument Not Scheduled
APPELLANT'S REPLY TO
COMMISSION'S OPPOSITION
__________________________________________________________________
Appellant's Brief on March 24, 2011. That filing by the Commission is designed to
confuse this Court and deflect its attention from the issue of this appeal.
This appeal is an appeal of the Commission "arbitrary and capricious" denial
documented before this Court that the valuation method he employed in 1997 is
now sanctioned by the Commission. Even the Commission has not disputed that
Black's model complies with the its own regulations. They have had the model for
fourteen years to analyze it. The Commission's refusal to reinstate Black is going
beyond just "arbitrary and capricious". Why won't the Commission at least refute
with facts and analysis the output from Black's model? At least give a more factual
and cogent argument than Black breached a contract. What absolves the
Commission from compensating Black's clients for the value of their investment?
The Commission states that Black failed to show how the Lehman
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Addendum. Black demonstrated the punishment he received for his alleged actions
was unique. It showed that the Commission acts in an "arbitrary and capricious"
their profession. Yet the Commission has refused to reinstate Black, who did not
mislead investors as to the fair value of the securities they owned. This point is
2. Representation to Clients
The Commission states that Black's investment products were not backed by
liquidation value of securities equal to the amount invested by the clients. The
facts are, as stated by or not disputed by the Commission: (1) the clients owned an
investment product; (2) that was purchased at fair value; (3) whose fair value was
reported pursuant to government regulations; (4) and, whose fair value was to be
Commission, who never alleged that Black caused the loss of $70 million of
investor assets or that the advice he gave as to the fair value of the investment
product owned by those clients was incorrect, would now be attempting to mislead
this Court by insinuating otherwise. Had the Commission paid Black's clients the
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fair value of the "investment products" in 1997, there would have been no loss for
any client.
which Black has admitted. Black has admitted to not disclosing the liquidation
assets. [Appendix, Complaint, pg 9, ¶34] After fourteen years, the Commission has
not even pointed to a regulation it has promulgated where the issuer of an asset
back security must disclose the forced liquidation value of the underlying assets on
a monthly basis. As of April 9, 2009 such an issuer may mark those assets to a
mathematical model, in all important aspect, identical to the model used by Black
in 1997.
But what regulation or act of Congress gives the Commission the authority
an asset back security may have breached a contract? And even if that issuer did
breach a contract, under what authority may the Commission avoid compensating
the investors for the fair value of their investment? It is an absurd conclusion that
anyone, even the Commission, could destroy an enterprise whose value was
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determined by a reasonable expectation of profits, then tell the investors in that
enterprise that they are only entitled to the liquidation value of that enterprise's
assets.
The Commission states that Black has not addressed the "personal and
Black considers the issue not part of this appeal, for this Court's information, less
than $20 of the "misappropriation" was for personal expenses, and that was due to
alleged to have violated the Investment Adviser's Act. The Commission admits that
it did not prosecute its complaint for those allegations against that corporation,
done so, Black and his companies would have been found innocent of those
allegations because the "investment products" owned by his clients had a fair value
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Again, this point is not germane to these proceedings.
Black was indicted by a grand jury for representing the value of the
clients." To avoid litigation of the fair value of the "investment product", the
government moved the district court to amend Black's indictment by removing that
allegation. Black could not have entered a guilty plea to the grand jury indictment.
Assuming he could have entered such a plea, the Commission would be able to
point to the court proceedings or the guilty plea that stipulated the fair value of the
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Conclusion
What is before this Court is whether the Commission may now, "arbitrarily
Commission. Black's innocence or guilt for events fourteen years ago are not
before this Court despite attempts by the Commission to incorporate them here.
2009. The Commission has not disputed that Black's valuation methods are in
compliance with existing regulations. Instead they attempt to throw a red herring at
has acted in an arbitrary and capricious manner in denying his reinstatement. Black
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March 28, 2011 Respectfully Submitted,
_______________________________
John G. Black, Pro Se
1446 Centre Line Road
Warriors Mark, PA 16877
814-632-8631
jblack010@gmail.com
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CERTIFICATE OF SERVICE
I hereby certify that two true and correct copies of this filing of:
APPELLANT'S REPLY TO
COMMISSION'S OPPOSITION
Christopher Paik
Securities Exchange Commission
Mail Stop 8030-A
100 F. Street, N.E.
Washington, DC 20549
____________________________________
John G. Black
JOHN G. BLACK
1446 Centre Line Road
Warriors Mark, PA 16877
814-632-8631
Dear Sir:
APPELLANT'S REPLY TO
COMMISSION'S OPPOSITION
Please time stamp the additional first pages and return to me in the enclosed envelope.
Sincerely,
John G. Black