This chapter in analyzing AEHI's "we have never missed or been late on a filing" claim will begin with the relevant parts of the SEC instructions (the due dates) for Form 4 and Form 5:
SEC Form 4: (Statement of Changes in Beneficial Ownership of Securities) is required to be filed-
"not later than the end of the second business day following the day on which a transaction resulting in change in beneficial ownership has been executed."
SEC Form 5: (Annual Statement of Changes in Beneficial Ownership of Securities):
"This form must be filed on or before the 45th day after the end of the issuer's fiscal year." (AEHI's fiscal year ends December 31).
From the SEC listing of all their filings, we see that AEHI filed eight SEC Forms 4 reporting officer acquisitions occurring on January 8, 2010 and February 18, 2010. The due dates for reporting these transactions was not later than the end of the second business day following those dates, or January 12, 2010, and February 22, 2010, respectively. AEHI filed three of these Forms 4 on March 10,2010; another three on March 18,2010, and another two on March 25, 2010, and all were well after the 1/12/10 and 2/22/10 due dates.
Later this year, AEHI filed another batch of five Forms 4, all filed on September 29, 2010. These forms covered seven acquisitions with dates of June 11 (due June 15), June 24 (due June 24), Sep 15 (due Sep17), Sep 16 (due Sep 20), Sep 17 (due Sep 21), Sep 21 (due Sep 23), and Sep 23 (due Sep 28). None were filed by the due date; all five were late.
Turning to the SEC Forms 5: eight were filed, and all were due within 45 days after December 31, 2009. The precise due date is listed here:
"Tuesday, February 16: Deadline for filing Schedule 13G; Form 5 with respect to issuers with a December 31 fiscal year end; and 13F for filers with quarter ending December 31, 2009"
All eight of AEHI's SEC Forms 5 were filed late. They were due February 16, 2010, and three were filed on March 10, 2010, three were filed on March 18, 2010, and two were filed on March 25, 2010- well after the due date.
All these forms 4 and 5 reported the share acquisitions of company directors and officers Don Gillispie, Jennifer Ransom, Rick Bucci, Greg Kane, John Franz, Leon Eliason, Ken Strahm and Ralph Beedle.
The AEHI Tardiness Tally thus far:
Late 10-Q: 1*
Late SEC Form 3: 9
Late SEC Form 4: 13
Late SEC Form 5: 8
Total: 31 Forms filed late with the US Securities and Exchange Commission.
*bonus form; includes at least one false statement.
AEHI has filed a total of 58 documents with the SEC as of today (last filings shown are 9/29/10).
Of those 58 documents, then, 31, or 53%, were filed late. In other words, over half the documents AEHI has filed with the SEC to date have been late, and two thirds of those late documents (21) concern ownership transactions by officers and directors of the company.
Over half of AEHI's SEC Filings did not meet the deadline and were filed late.
Yet the company stated on their Facebook page:
An unauthorized collection of the records of Alternate Energy Holdings, inc., its principals and subsidiaries, and their antics, trials, and tribulations
Quick Links and Resources
- Idaho Samizdat Article on Amended SEC Complaint
- Roanoke, VA News on AEHI
- Latest Idaho Samizdat Article on AEHI
- Betsy Russell's Eye On Boise Story on AEHI
- Feb 1, 2011 AP Story in Statesmsan on New SEC Docs
- Randy Stapilus on the Hearing
- Boise Weekly Article
- Streetsweeper- Alternate Energy: Power Stock or Toxic Waste?
- Streetsweeper- AEHI The Story, the Holes, and the Secrets They Hide
- Streetsweeper- Alternate Energy: Another Radioactive Stock Pick?
- Another Blog About AEHI Spin
- OTC Info Page [Link recently removed from AEHI webpage]
- AEHI Facebook Page
- AEHI Documents with Payette P and Z Commission
- Idaho Repository (Court Case Search)
- Securities and Exchange Commission AEHI filings