The Dog Ate Our Homework, We Swear!

From AEHI's Facebook (aren't we all trendy now!) Page wall posting on Sunday, Nov 7th:
"Fortunately for AEHI, everything we have stated can be backed up with fact. It is something we are very proud of. As a public company, everything we do financially has to be completely above board, as it is all part of public filings and we have never missed or been late on a filing." (emphasis added)

And then they extend this invitation:
"You want to check up on us, please do so."

Here goes, bottom line up front:  Their claim to have never been late on a filing is false.

Start by pulling up a search for all their filings from the SEC, including ownership documents:
Scroll down to the 10-Q filed on February 6, 2009:
Now read the SEC's instructions for Form 10-Q:
"A quarterly report on this form pursuant to Rule 13a-13 or Rule 15d-13 shall be filed within the following period after the end of each of the first three fiscal quarters of each fiscal year, but no report need be filed for the fourth quarter of any fiscal year:
a.40 days after the end of the fiscal quarter for large accelerated filers and accelerated filers (as defined in 17 CFR § 240.12b-2) ;and
b.45 days after the end of the fiscal quarter for all other registrants." (emphasis added)
The SEC Form 10-Q for that period was filed on February 6, 2009 and was due on November 14, 2008.  (http://www.secfile.net/SEC_calendar.htm#Filing_deadline_calculator)
Therefore, that form was filed over two months late, refuting the company's claim that is has never "been late on a filing."

Not only was that document over two months late, it contains at least one provable false statement. That SEC Form 10-Q, for the period ending September 30, 2008, contains the following statement:

" PART II. OTHER INFORMATION
ITEM 1.  LEGAL PROCEEDINGS
NONE."

 None? The company reports that during the period covered in the report, that is, the quarter from July 1, 2008 to September 30, 2008, the company was not involved in any legal proceedings. 
However, the company had filed a lawsuit in Ada County District Court on August 22, 2008 against Andrea Shipley and the Snake River Alliance. (case number CV-OC-2008- 15868).  This case was not closed until January 16, 2009 (dismissed with prejudice.) 
Therefore, the company was involved in a legal proceeding which began August 22, 2008 and was still pending as of the last day of the reporting period, Sept 30, 2008, and yet the company falsely reported in the report covering that period that it was not involved in any legal proceedings.

It is a true statement that Alternate Energy Holdings, Inc, on February 6, 2009, filed an SEC Form 10-Q that was over two months late and which contained at least one false and misleading statement.
The company's claim on their Facebook page that they have "never filed any documents late" is false.

Next up: We learn when Forms 3, 4, and 5 are due.
Stay tuned!
.