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Technology Stocks : Adaptec (ADPT)

ADPT 14.86

-0.6%

Dec 9 3:59 PM EST

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To: Charlie Smith who wrote (1305)	3/23/1998 12:42:00 PM
From: Mark	of 5944

Charlie, I have no idea how the case could be built - my experiences are limited to the behavior expected of an officer in a public company under UK law. I have yet to see an example of any company documentation which might be construed as "misleading" the market, so don't know if this approach would be successful. HOWEVER, in the UK if an officer acts on information which is known to him, AND which is NOT known to the investment community, AND makes a personal gain from that information, then this is considered "insider trading" and is a very serious offence. Whilst the company secretary (as the keeper of the "rule books") will police insider activities and advise on suitable times for officers to trade, it is only the opinion of the regulatory bodies judging things in retrospect which counts. I have no idea whether the same conduct of behavior is expected under US law. However I would observe that a number of the later officer transactions fall perilously close to the time when they might have "reasonably have been expected to know" that earnings were in decline. Observations, not legal opinion :) Mark

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