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Pastimes : Investment Chat Board Lawsuits

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To: Jeffrey S. Mitchell who started this subject	3/18/2002 4:10:57 PM
From: mmmary	of 12465

Asensio lawsuit about stock report This is in the same court where my ASTN case was held. I received this from his site earlier today. On Friday, February 22, 2002, we advised you of a unanimous verdict in our favor on all 15 allegations in the 3 ½ year old Hemispherx defamation case. Today we commenced a new jury trial in Federal court in Charleston, South Carolina. This case was bought by two alleged Chromatics Color Sciences, Inc. ("CCSI") shareholders who claim we committed a fraud by publishing false statements about CCSI in mid-1998. They sold the stock at $7 per share. They allege the market at the time of this selling was wrongly depressed by our alleged false statements. Today CCSI has been de-listed and trades on the pink-sheets for $0.07. Yes 7 cents. We don't know and have never spoken to the Plaintiffs. Our CCSI reports are available at asensio.com. The Plaintiffs allege to have lost about $200,000 in their CCSI trading. We estimate the Plaintiffs case has cost "someone" well over $1 million. CCSI was a well-publicized stock scam long before the Plaintiffs purchased their shares. It is one of the case studies in our book Sold Short. It earned a place in the book because it became the center-piece of state and federal investigations that led to fines and sanctions against the mutual fund giant Dreyfus. You might ask how this case could make its way into a Federal court in America, especially in a post-Enron environment. The answer: Hemispherx. This case was brought against us by the Philadelphia based law firm of the criminally-organized AMEX-traded medical fraud called Hemispherx Biopharma, Inc We believe they will claim they took the case on a contingency basis. We believe Hemispherx is paying the cost with proceeds obtained from its fraudulent scam. The Plaintiffs' chances for any recovery in this case are very questionable. We are in a Federal court room not Hemispherx's favorite playground: the Common Court of Pleas in Philadelphia. Yet "someone" has spent well over $1 million for two local Charleston, South Carolina residents to have a chance to prove in a Federal courtroom that by selling at $7 and avoiding CCSI's decline they have a right to sue us for publishing a negative CCSI opinion in 1998. America's capital markets can not evolve until the SEC acts to correct the system that allows a criminally-organized company like Hemispherx to trade on the AMEX and continue to use its illicit gains to corrupt the system. We believe we are well-prepared and well-represented in South Carolina. The case is burdensome particularly after having just spent over two months in pre-trial, trial and post-trial work in the Hemispherx matter this year. We hope for a similar result. The juror pool here in Charleston, South Carolina is quite different than in Philadelphia. The Plaintiffs are local and Hemispherx's attorneys have hired local counsel to sit at their table.

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