Pluvia, what you thought or what other people reading Mr. Elgindy at the time thought, is moot. Don't waste your time explaining why we should care. We don’t and don’t need to.
Remove the filter of your own familiarity with Mr. Elgindy, and the case being presented to the jury will become clearer.
Certainly this defense won’t work.
"While our client sought and gained information (some of which was public, some of which was not) from governmental databases, and acted upon it, our client was careful to check other public sources for the same information before publishing it to his website. Any inside information that was non-public, was not published in the reports, so our client is fine, he kept the inside information to himself."
Mr. Elgindy's credibility is moot too. What is germane, is what Mr. Elgindy DID. Look at what is being said about "company 1" in the indictment.
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Company No. 1
a. On or about November 10, 2000, Derrick W. Cleveland sent to the defendant AMR I. ELGINDY confidential law enforcement information that he had obtained from the defendant JEFFREY A. ROYER regarding a company listed on the OTCBB ("Company No. 1").
b. On or about November 10, 2000, the defendant AMR I. ELGINDY short sold approximately 2,100 shares of the stock of Company No. 1.
c. On December 10, 2000, at approximately 5:01 p.m., the defendant AMR I. ELGINDY stated in the AnthonyPacific.com chat room, regarding Company No. 1, "[t]he FBI are involved."
d. On December 12, 2000, at approximately 11:49 a.m., the defendant AMR I. ELGINDY stated in the AnthonyPacific.com chat room, regarding Company No. 1, "[t]his is a real scam and a real investigation ... so lets all [use] the info we have dug up ... to our advantage."
e. On December 22, 2000, at approximately 11:40 a.m., the defendant JEFFREY A. ROYER searched the ACS database for information and accessed nonpublic information regarding the president of Company No. 1.
f. On December 22, 2000, between approximately 11:40 a.m. and 12:40 p.m., the defendant JEFFREY A. ROYER communicated the information from the ACS database to Derrick W. Cleveland, who then communicated this information from the ACS database to the defendant AMR I. ELGINDY.
g. On December 22, 2000, at approximately 12:42 p.m., the defendant AMR I. ELGINDY stated in the AnthonyPacific.com chat room, regarding Company No. 1, "[Company No. 1's president] was involved in a bank fraud case in Boston ...im hearing ... very sketchy details filtering in now."
h. On December 28, 2000, at approximately 12:58 p.m., the defendant AMR I. ELGINDY stated in the AnthonyPacific.com chat room, regarding Company No. 1, "I have some names on [Company No. 1] ... These names are from the FBI."
i. On or about January 2, 2001, the defendant JEFFREY A. ROYER searched the NCIC database and found criminal history information regarding the president of Company No. 1.
j. On or about January 3, 2001, the defendant AMR I. ELGINDY issued a research report regarding Company No. 1, which disclosed its president's criminal history.
k. On January 12, 2001, at approximately 4:44 p.m., the defendant AMR I. ELGINDY stated in the AnthonyPacific.com chat room, regarding Company No. 1, "the 3 investigations are wire fraud, mkt manipulation, and mail fraud officially by the FBI SEC is doing a Title 15 investigation.. and none of this can leave or go public .. if you do you will be pros ... that’s a fact directly from the FBI.. erase the log..." |
