On June 1, the SEC filed a Motion for Partial Summary Judgment against AEHI and CEO Don Gillispie based on a very interesting "Statement of Undisputed Material Facts" which contains multiple references to Gillispie's assertion of Fifth Amendment rights and the fact that by so doing, he "removes any chance that any other explanation can be offered." The Memorandum in Support also points out that, "Parties are free to invoke the Fifth Amendment in civil cases, but the court is equally free to draw adverse inferences from their failure of proof.”
The Memorandum goes on to explain, "In any event, Gillispie is now precluded from presenting evidence in opposition as to matters on which he has invoked the Fifth Amendment privilege, including his knowledge." (p.24) (emphasis added)
See the Memorandum in Support
Here is the SEC's Statement of Undisputed Material Facts upon which they base the Motion for Partial Summary Judgment, included below that.
The actual SEC Motion:
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