Anthony @ Equity Investigations, Dear Anthony, Message Board

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

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To: Anthony@Pacific who wrote (74525)	1/3/2002 7:34:43 PM
From: Anthony@Pacific	Read Replies (1) of 122087

I believe the following section sums up the entire thing in a nutshell. "Nor were the recommendations deceptive. Elgindy testified that every sentence was true: Market Regulation's witness testified that she knew of nothing in the releases which was untrue: and the Department'c ounsel acknowledged that the prosecution was not trying to prove the falsity of any statement in them ( Tr. 247-248, 394, 439, 522 ). If the Department's attorneys had and evidence of such falsity, they would have introduced it, especially where theye were striving to prove fraud. In these circumstances, it is a fair inference that the releases accurately reflected Mr. Elgindy's opinions and the factual bases for them. The dissemination of accurate information cannot be regarded as artificially changing a stock's price for purposes of manipulation. ( leagl citation to Olympia case #### ) *On this record, The Panel is unwilling to adopt a theory whereby truthful statements about the issuer and it's product somehow constitute fraudulent manipulation . "*

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