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11/24/2003 Archived Entry: "Response from the Attorney General of Utah"
In my earlier article I refered to ways to help file complaints against SCO. Included in that article were also ways to get a hold of the Attorney General of Utah. Well I sent out my complaint and I got a response.
This was the response:
I have had Assistant Attorney General Wayne Klein look at your complaint
as well as others like it. Here is his response:
"If the company is making false statements as a public company, and
those statements may materially affect its stock value or reasons
shareholders should buy/hold/sell SCO stock, the securities laws would
be implicated.
However, the Attorney General's office does not have authority to
investigate securities fraud allegations, other than criminal cases.
When we bring securities fraud cases, it is on behalf of the Utah
Division of Securities. That is the state agency charged with
investigating violations of state securities laws and making the
determination whether to bring an enforcement action. I strongly
encourage you to contact the Division of Securities or the U.S.
Securities and Exchange Commission. While we are deeply troubled by
violations of the law - especially if SCO is deceiving investors or the
market - we do not have authority under the law to bring an action.
That authority is reserved to the state Division of Securities or the
SEC."
I hope this information is helpful to you. You can contact the Utah
Division of Securities at www.commerce.utah.gov/sec or you can contact
the Securities and Exchange Commission at www.SEC.gov.
>>> Contact Attgen 11/10/03 05:24PM >>>
>>> "Brendhan Horne"
To: The Attorney General of the State of Utah
Utah State Capitol Office
236 State Capitol
Salt Lake City, UT 84114-0810
FAX: (801) 538-1121
Dear Mark Shurtleff ,
SCO is currently basing their stock price on a lawsuit against IBM that
they haven't won. They are refusing to disclose relevant information
requested in discovery by IBM.
SCO is currently also offering financial incentives to companies to
move away from current open source software. Including it's own product.
In simple terms they will pay you to buy something other than their own
product. SCO does not have the financial resources to offer these
incentives.
SCO is currently in violation of GPL having closed off access their
source for their release of Linux.
I request that a formal investigation into the actions by SCO.
Sincerely,
Brendhan J. Horne
How do I point out the criminal laws that are within the juristiction of the Attorney General's office? I think of the recent issue with Putnam Funds being pursued by the state attorney's office before the SEC finally decided to act.
