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

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To: Janice Shell who wrote (88057)11/18/2004 3:19:03 AM
From: tralfasador  Read Replies (1) of 122087
 
Berke also grilled Cleveland on his claim that Elgindy used non-private information provided by Royer to make trading decisions. Using chatlogs from Elgindy's Web site, Berke highlighted that Elgindy would often contact agents at the Securities and Exchange Commission and the FBI to report stock fraud and that on occasions, Elgindy gleaned information from these calls.

Gerzog also asked the government witness about his testimony that Royer invited Cleveland to meet with one of his informants, a woman named Pam Humphrey. Cleveland testified in court that Royer shared with him FBI documents about two companies called Energas and Potomac Energy following the meeting with Humphrey.

Under cross examination, Cleveland agreed that the documents came from Humphrey and not the agent. Gerzog suggested that given that Humphrey was supposed to be helping the FBI in its investigation of Broadband Wireless, it made sense that the agent asked Cleveland, at the time an informant supposed to be helping the government, along for the meeting.

+++++++++++++++++++++++++++++++++++++++++++++++

Janice you say "Nonsense. Neither the FBI nor the SEC ever tells anyone anything specific." That is false. And its already been shown to be false in this very case. Mr. Royer gave his "informant" specific information and put Mr. Cleveland in contact with these people. Usually an informant, informs, and is not an investigator, as shown in this case.

If the reporter for Dow Jones is correct, she said GLEANED....not DEDUCED. I am going by her reporting, but there is a big difference from what she is saying and what you are.

Gleaned means "To collect bit by bit: “records from which historians glean their knowledge” (Kemp Malone). See Synonyms at reap." That is not deduction. Its a methodical means of collecting information.

So it can now be argued that Mr. Elgindy was reporting things to the FBI and SEC, not for the act of reporting it, but for the ability to extract (glean) information out them. Now do you see why I am saying the defense lawyers are messing up?

My only point is Mr. Elgindy's lawyer just handed the prosecutor's this entire angle. Look at the quotes I put at the top of this post. That is not a good defense to these specific charges.
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