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Pastimes : Investment Chat Board Lawsuits

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To: Jeffrey S. Mitchell who wrote (668)8/26/2000 9:36:26 AM
From: StockDung   of 12465
 
Ziasun filed a Motion for Contempt of Court Order against me on 8/25/00. While there are several aspects of this Motion that are worthy of discussion, this post deals with my message regarding ZSUN's Q2 earnings press release (SI # 9232). Time permitting, I'll address various other aspects in future posts.

Following the release of ZSUN's Q2 earnings, I provided an analysis of the company's results. Based solely on data provided by the company (press release and SEC filings), this analysis highlighted the fact that ZSUN's sequential sales growth was lackluster, profit margins were rapidly eroding, and that the company is burning cash at a fast rate. I went on to state that the company has very little in the form of tangible assets and that the Goodwill associated with the OIA acquisition represents the bulk of ZSUN's asset base. All of the aforementioned are irrefutable facts!

In addition to the analysis provided, I also stated that the manner in which ZSUN released its Q2 earnings, (Q2 results were not released separately for the quarter but rather in total for the first half of the year) was "virtually unheard of and highly irregular". This is also a statement of fact! Scrutiny of any Q2 earnings press releases issued by reputable companies (the 30 Dow stocks or the 500 S&P 500 companies) clearly and unquestionably shows that results are issued for the quarter separately. ZSUN deviated from the norm and what is accepted practice on Wall Street and of this there can be absolutely no doubt.

Why ZSUN should take exception to my post regarding its Q2 results in which I stated that this was "yet another attempt by ZiaSun to mislead and deceive the investment community" and "conceal the poor second quarter results" is beyond me. Armed with printouts of quarterly earnings press releases issued by reputable companies, ZSUN's unorthodox press release and the company's financial statements, I look forward to my day in court!
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