MEMORANDUM AND ORDER
PETTINE, Senior District Judge.
This case is before me essentially to determine whether the defendants are the perpetrators of a scheme to defraud the public in violation of the Securities Exchange Act of 1934, § 10(b) or whether the defendants are, along with the plaintiff, merely victims — casualties of this region's recent economic downturn. See, e.g., DiLeo v. Ernst & Young,
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