Fung now has a much higer mark in my mind to reach to justify the failure to file.

...or lower depending upon how you look at it. His new slew of options were granted at about .24 cents (I forget what the previous options were issued at....higher no doubt). If he does a deal @ .48 cents\share (possibly plus shares of JV\buyout company)....he just made a double and can walk away from the whole mess.