The administrator, a new insider and supervisor of the insolvent, should have the guts to decide whether any of the irregularities should be reported to
the criminal judicial bodies, or be dealt with through civil and commercial procedures because no crime is constituted.
None of the Reporting Persons nor any manager or executive officer of the Reporting Persons, has, during the past five years, (a) been convicted in a
criminal proceeding (excluding traffic violations or similar misdemeanors), or (b) been a party to a civil proceeding of a
judicial or administrative
body of competent jurisdiction and as a result of such proceeding was or is subject to a judgment, decree or final order enjoining future violations of, or prohibiting, or mandating activities subject to, Federal or State securities laws or a finding of any violation with respect to such laws.
Only a
judicial authority can suspend Internet access, not an administrative
body as freedom of speech implies access to online communication services Need to distinguish the warning phase (HADOPI) and the sanctions (
Criminal Courts)