33. In light of 2TheMart's dramatic rise, defendant Magliarditi went to stock message boards to assure investors that 2TheMart was a legitimate company which would be fully reporting in a few weeks. On February 11, 1999, Magliarditi, using the screen name Nicmags (nicmags@aol.com and nicmags@2themart.com) posted the following message on the Silicon Investor:
"Trader, I am the President of TMRT. I apologize for any failure to respond to your telephone messages, however, we believe that any and all phone messages have been responded to, most personally by me. I would welcome your future call. As for some of your notes, please be advised that we are in the process of preparing our Form 10, which we hope to have completed in the next 4 weeks. As for an investor package, we will have that available after the Form 10 is completed. As for our press releases, we will continue to provide additional information about our company through our press releases. We are currently working diligently on completing our site for a Q2 launch. We welcome you and our other new shareholders to our company at such an exciting time."
99cv01127 Harrington v 2TheMart.com, Inc, et al - 9/13/99 Complaint
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