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Strategies & Market Trends : Anthony @ Equity Investigations, Dear Anthony,

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To: mmmary who wrote (68521)3/17/2001 1:05:14 AM
From: mst2000  Read Replies (2) of 122087
 
You stated, falsely, that ASTN was sued by the SEC. ASTN was not sued by the SEC. A false statement of fact published on the internet is libelous and defamatory. Apparently, you are indifferent to whether the statements you make are true or false.

These are the facts:

The SEC, which investigated John Westergaard, made no mention whatsoever of ASTN in its investigation. That is a fact. Ashton terminated Westergaard's services in 1997-98, years before he was being investigated by the SEC.

The SEC and US Attorney's office which investigated First United Equities (FUE) mentioned ASTN only as a stock that was manipulated by FUE. In the indictments and related civil cases which have now arisen from that investigation, and in many different press releases on the subject, including the ones you linked, nobody from ASTN was indicted, nobody from ASTN was cited as having any knowledge or complicity in the acts complained of, neither the SEC nor the US Attorney nor the grand jury suggested that ASTN had any knowledge of, had condoned, or had participated in any of the stock manipulation at issue, and the only people indicted and cited were brokers from FUE.

In March 1999, over a year after the SEC had completed an extensive investigation relating to FUE after it folded (in the aftermath of the Mama Tish IPO debacle), an investigation that planted the seeds that led to last week's indictments, the SEC formally approved ATG's eVWAP trading system as a facility of the Philadelphia Stock Exchange. Since that date, the SEC has spoken approvingly of the system in several other subsequent rulemakings, quoted ASTN's CEO and general counsel numerous times in the order approving Reg ATS, extended the system's pilot period by an additional year, and approved several modifications to the system. Just 10 days ago, Ontario regulatory authorities approved the introduction of eVWAP on the Toronto Stock Exchange. Why would the SEC and Ontario regulators approve the introduction of a system operated by this company if it was you are implying it is??

Those are facts and they are completely truthful and accurate. By contrast the statement you made -- that the SEC had "sued ASTN" -- was false. That's F-A-L-S-E. I spell it in all caps because you apparently are unable to see past your obsession with John Westergaard far enough to avoid making false and defamatory statements about ASTN.

I suggested once that you retract the statement you made. I suggest once again that you acknowledge that your statement that ASTN was sued by the SEC is false and retract it.

Just because you are the self-appointed pimple on the butt of John Westergaard does not authorize you and your cohorts here at A@P to defame an honest company and its management. Guilt by association and false innuendo may be acceptable tactics to the people here, but it is injurious to the companies you defame and their investors. To the extent people here take short positions in the stocks of companies they publish false statements about, it is no different than the fraud and stock manipulation you accused Westergaard of engaging in, or the stock manipulation FUE was accused of.

MST
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