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INDICTMENT: SECUTITIES FRAUD COUNTS (ELGINDY)
INDICTMENT COUNT DATE & TIME DESCRIPTION SOURCE

COUNT SIXTEEN(Not guilty) 5/22/2001 FRONTRUNNING
5/22/01 10:52 am Elgindy shorts 1,000 shares of JUNM GX-2582
5/22/01 10:59 am Anthony sends broadcast: JUNMß- sell short 10% @ 9.50 or so (SEC investigation confirmed) trades goodentight (thin, maybe a gator) trade accordingly or watch) GX-3001
COUNT SIXTEEN(Not guilty) 8/24/2001 FRONTRUNNING
8/24/2001 3:03 pm Elgindy shorts 1,500 shares of JUNM GX-2582
8/24/01 3:04 pm AnthonyPacific sends broadcast: JUNMß--- short 40% @ 3.90 or higher (piece of shit, excuse my language…but it is still true( (ADD) GX-3001

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COUNT SEVENTEEN(Not guilty) 6/26/01 TRADING AGAINST ADVICE
6/26/01 4:02 pm Elgindy releases SLPH REPORT on insidetruth.com with an immediate sell Long/Sell Short recommendation: 12 month target of less than 5 cents. GX-3006
6/28/01 11:04 am Elgindy covers 1,000 shares of SLPH GX-2582
6/28/01 11:11 am Elgindy covers 1,000 shares of SLPH GX-2582
COUNT SEVENTEEN(Not guilty) 7/24/2001 FRONTRUNNING
7/24/01 2:28 pm Elgindy shorts 2,000 shares of SLPH GX-2582
7/24/01 2:32 pm Elgindy shorts 600 shares of SLPH GX-2582
7/24/01 2:33 pm AnthonyPacific sends broadcast: SLPHß-last kiss short @ 3 (add) GX-3001
COUNT SEVENTEEN(Not guilty) 7/30/2001 FRONTRUNNING
7/30/01 3:09 pm Elgindy shorts 1,000 shares of SLPH GX-2582
7/30/01 3:47 pm Elgindy shorts 6,000 shares of SLPH GX-2582
7/30/01 4:09 pm AnthonyPacific sends broadcast: SLPHß-short 50%1.75 to 2.25 GX-3001

COUNT EIGHTEEN(Not guilty) 02/09/2001 FRONTRUNNING
2/9/01 2:10 pm Elgindy shorts 3,000 shares of BIOP GX-2582
2/9/01 2:18 pm AnthonyPacific sends broadcast: BIOPß- short 25% @ 7 1/8. BIOP will be inspected to see if they are in violation of federal Mexican laws. GX-3001
COUNT EIGHTEEN(Not guilty) 2/23/2001 TRADING AGAINST ADVICE
2/23/01 Insidetruth.com initiates BIOP with an immediate Sell/Short Recommendation on Jan. 27, 2001 at $9.00 GX-3006
2/27/01 9:35 am {09:35} AnthonyPacific>>4 BIOP ß1.18{09:35} Kenny>> Tony u gonna hold BIOP to 0??{09:35} AnthonyPacific>> 4/ Kenny yes my remaining 4,000 sharesyes JX-0084
2/27/01 9:39 am Elgindy covers 1,250 shares of BIOP GX-2582
COUNT EIGHTEEN(Not guilty) 2/27/01 FRONTRUNNING
2/27/01 9:39 am Elgindy covers 1,250 shares of BIOP GX-2582
2/27/01 10:26 am “AnthonyPacific sends broadcast: BIOPß----- FINAL cover @ 1.00, down from $4 - $9. May this nugget rest in peace, excuse me I need to get my shoe back from Liviakises butt Doctor” GX-3001

COUNT NINETEEN(Not guilty) 12/29/2000 FRONTRUNNING
12/29/00 1:06 pm Elgindy shorts 2,000 shares of GENI GX-2582
12/29/00 1:08 pm AnthonyPacific sends broadcast:GENIß-short 15% @ 17 1/4 GX-3001
COUNT NINETEEN(Not guilty) 7/10/2001 TRADING AGAINST ADVICE
7/10/01 3:49 pm AnthonyPacific sends broadcast:GENIß-short 10% @ 17.88 (gator) GX-3001
7/11/01 10:22 am Elgindy covers1,000 shares of GENI GX-2582
COUNT NINETEEN(Not guilty) 08/172001 FRONTRUNNING
8/17/01 10:33 am Elgindy shorts 2,000 shares of GENI GX-2582
8/17/01 11:02 am Elgindy shorts 2,000 shares of GENI GX-2582
8/17/01 11:03 am Anthony sends broadcast: GENIß-short add) 10% 16.75 – 17.75 EXPECT TO BE SQUEEZED Gx-3001
COUNT NINETEEN(Not guilty) 8/20/2001 TRADING AGAINST ADVICE
8/20/01 10:34 am {10:34} Anthony>> let me get your attention{10:34} Anthony >> OK{10:35} Anthony>> do we cover the following??{10:35} Anthony>> GENI{10:35} no{10:36} INIV?{10:36} no JX:0200
8/20/01 10:44 am Elgindy covers 1,000 shares of GENI GX-2582
8/20/01 10:46 am Elgindy covers 1,000 shares of GENI GX-2582
COUNT NIINETEEN(Not guilty) 9/5/2001 TRADING AGAINST ADVICE
9/5/01 9:31 am Elgindy shorts 1,500 shares of GENI GX-2582
9/5/01 9:34 am anthony sends broadcast: GENIß-cover @ 17.18 GX-2582
9/5/01 11:35 am {11:35} AnthonyPacific >>4 did everyone see me exit GENI thjis am{11:35} AntonyPacific>>4 at the low JX:0208
COUNT NINETEEN(Not guilty) 9/7/2001 FRONTRUNNING
09/7/01 3:46 pm Elgindy shorts 1,500 shares of GENI GX-2582
09/7/01 3:48 pm Elgindy shorts 1,500 shares of GENI GX-2582
09/07/01 4:02 pm AnthonyPacific sends broadcast: GENIß-short 15% @ 16.99 plus (gator…but I smell blood) GX-3001

COUNT NINETEEN(Not guilty) 09/12/2001 TRADING AGAINST ADVICE
9/12/01 6:20 am Elgindy writes in Silicon Investor Post: But I apologize I cannot cover scams and or stocks like GENI that are propped up BY Scumbag Arms Dealers like Krappogi. I will not cover my portfolio since I ams hort mainly the crap of the market run by the scum of the earth. I believe that Krappoggi is directly in getting arms and aid to these terrorist groups and as a result My resolve to stay short is till the deathj of either me or the stock which ever comes first GX-3004
9/12/01 12:26 pm Elgindy posts on Silicon Investor: “How can you defend not shorting GENI a stock supported by International Fugitive Arms Dealer, Kashoggi ???Impossible!” GX-3004
9/17/01 10:59 am Elgindy covers 1,000 shares of GENI Gx-2582
9/17/01 11:00 am Elgindy covers 1,000 shares of GENI GX-2582
9/17/01 12:13 pm Elgindy covers 1,000 shares of GENI GX-2582
9/19/01 12:17 pm Elgindy covers 400 shares of GENI GX-2582
9/19/01 2:57 pm Elgindy covers 2,000 shares of GENI GX-2582
9/21/01 11:08 am Elgindy covers 1,000 shares of GENI GX-2582
9/21/01 11:27 am Elgindy covers 1,000 shares of GENI GX-2582
9/21/01 12:13 pm Elgindy covers 1,000 shares of GENI GX-2582
9/21/01 12:15 pm Elgindy covers 1,000 shares of GENI GX-2582
9/21/01 12:25 pm Elgindy covers 1,000 shares of GENI GX-2582
9/25/01 Elgindy releases GENI REPORT on Insidetruth.com, with an immediate sell and a terrorist warning stating that insidetruth.com has pinpointed many ties between majority shareholder Adnan Kashoggi and International Fugitive Osama Bin-Laden. GX-3006

9/25/01 12:25 pm Elgindy covers 1,000 shares of GENI GX-2582
9/25/01 1:09 pm Elgindy covers 1,000 shares of GENI GX-2582
9/25/01 1:10 pm Elgindy covers 1,000 shares of GENI Gx-2582
9/17/01 1:11 pm Elgindy covers 1,000 shares of GENI GX-2582
9/25/01 1:14 pm Elgindy covers 1,000 shares of GENI GX-2582
9/25/01 3:03 pm Elgindy covers 1,000 shares of GENI GX-2582
9/25/01 3:05 pm Elgindy covers 2,000 shares of GENI GX-2582
9/25/01 3:06 pm Elgindy covers 1,000 shares of GENI GX-2582
9/25/01 6:34 pm Insidetruth.com sends blast email initiating coverage on GENI, with an immediate sell and a terrorist warning stating that it has pinpointed many ties between majority shareholder Adnan Kashoggi and International Fugitive Osama Bin-Laden. GX-2582
COUNT NINETEEN(Not guilty) 9/19/2001 FRONTRUNNING
9/19/01 12:17 pm Elgindy covers 400 shares of GENI GX-2582
9/19/01 1:52 pm Anthony sends broadcast: GENIß-cover @ 13.85 (official b4 the split) GX-3001

Count 19 is interesting. Although I was acquitted of 19, it is such a good example of the “LIE” in this case it is worthy of comment. As you can see, the prosecutor first takes something I posted on Silicon Investor the day after the Terrorist attacks, September 12, while the markets were all closed and somehow links those words with a very specific selection of trades I make in “GENI” on September 17, 19, 21 and 25. The only thing the jury was shown was some BUY/COVER trades in Geni. It gives the impression that I was fooling the world into thinking GENI was garbage and worthless while I was secretly buying up all the cheap, bargain priced GENI I could scare out of the hands of the innocent, trusting and decent shareholders.

The prosecution conveniently leaves out EVERYTHING that really matters. They leave out the numerous SHORT SALES IN GENI that preceded every BUY listed. They also didn’t tell the jury that the markets were closed on September 12, and NO ONE knew what GENI was going to do when the markets re-opened. As I mentioned, I was acquitted of Count 19, but anyone can see that the prosecutors were truly counting on a COMPLETELY UNCHALLENGED presentation.

COUNT TWENTY(Not guilty) 10/12/2001 FRONTRUNNING
10/12/01 10:24 am Elgindy covers 3,000 shares of HDVG GX-2582
10/12/01 10:37 am Elgindy covers 3,000 shares of HDVG GX-2582
10/12/01 10:42 am Elgindy covers 3,000 shares of HDVG Gx-2582
10/12/01 11:07 am Elgindy covers 3,000 shares of HDVG GX-2582
10/12/01 11:13 am Elgindy covers 2,500 shares of HDVG GX-2582
10/12/01 11:15 am Elgindy covers 3,000 shares of HDVG GX-2582
10/12/01 12.43 am Anthony sends broadcast<HDVGß-cover 75% @ 3.30 (just a precaution, it’s a pretty old one) GX-3001

COUNT TWENTY-ONE(Guilty) 10/15/2001 FRONTRUNNING
10/15/01 3:16 pm Elgindy shorts 3,000 shares of VLPI GX-2582
Take Note:1 minuteà 10/15/01 3:17 pm Anthony sends broadcast : VLPI ß-Short 20% @ 88-90 cents (scam, exploiting attacks) GX-3001
COUNT TWENTY-ONE 10/16/2001 FRONTRUNNING
10/16/01 11:36 am Elgindy covers 2,500 shares of VLPI GX-2582
10/16/01 11:40 am Elgindy covers 2,500 shares of VLPI GX-2582
10/16/01 11:45 am Anthony sends broadcast: VLPI ß-cover (official) @ 60-62 cents (gain of 33%) GX-3001
COUNT TWENTY-ONE 10/17/2001 FRONTRUNNING
10/17/01 2:03 pm Elgindy shorts 5,000 shares of VLPI GX-2582
10/17/01 2:40 Anthony sends broadcast: VLPIß-short 20% @1.26-1.30 (second pass) GX-3001
COUNT TWENTY-ONE 10/17/2001 FRONTRUNNING
10/17/01 2:39 pm Elgindy shorts 5,000 shares of VLPI GX-2582
10/17/01 2:40 pm Elgindy shorts 5,000 shares of VLPI GX-2582
10/17/01 2:45 pm Anthony sends broadcast<VLPIß-is a 100% position candidate Gx-3001
COUNT TWENTY-ONE 10/19/2001 FRONTRUNNING
10/19/01 9:15 am Elgindy shorts 15,000 shares of VLPI GX-2582
10/19/01 9:20 am Elgindy shorts 22,000 shares of VLPI GX-2582
10/19/01 9:22 am Anthony sends broadcast< VLPI<ß SHORT 5% @ 1.95 (ADD) GX-3001
10/19/01 9:22 am Anthony sends broadcast<VLPI ß-SHORT 25% (correction) @ 1.95 (ADD) GX-3001
COUNT TWENTY-ONE(Guilty) 10/23/2001 TRADING AGAINST ADVICE
10/23/01 Elgindy releases VLPI REPORT on insidetruth.com, with a strong sell rating and a price target of 5 cents in the next 3 to 6 months. GX-3006
10/23/01 7:50 pm {19:50} devo> Tony kwik question….is VLPI a pos that you would ignore your 15-20% profit rule and wait till it sinks (.50/share){19:50} Anthony>> devo…I seeno reason to ever buy a single shaer of VLPI{19:50} >> single share{19:50} devo>>so you’re ignoring your 15-20% rule on this one?{19:50} devo>>ok{19:51} devo>> I kinda thought that I had no reason to cover{19:51} Anthony>> Lower your stop and prosper GJX-0244

Count 21 is bizarre. It has 6 chat excerpts, 5 allegations of “frontrunning” and one of “trading against my own advice”. The first “frontrunning” is a “delay” of one minute, then a delay of 9, 4, 6 and 7 minutes. The “trading against advice” chat offers the release of the VLPI report earlier that day, coupled with comments I make at night at 7:50 pm. I offer some of my characteristic hyperbole at 19:50 where I say “no reason to ever buy a single share”, obviously in response to the announcement made by Ace Hardware when they denied that they were going to carry the anthrax kits just minutes earlier. I then followed up with the perfectly responsible statement that one should manage his own positions by using a stop order and prosper.
The very next day the stock plunged. Anyone who followed only my short calls in VLPI made a very nice return in a very short period of time.

The interesting point here is that this jury found me NOT GUILTY when there was a delay of one hour between my trade and my broadcast call in count 17, yet here we see the longest delay being only 9 minutes and I am convicted?

As far as “trading against my own advice” does anyone see any advice I betrayed?

COUNT TWENTY-TW0(Not guilty) 10/03/2001 FRONTRUNNING
10/03/01 12:43 pm Elgindy shorts 3,000 shares of NSOL GX-2582
10/03/01 12:44 pm Elgindy shorts 1,000 shares of NSOL GX-2582
10/03/01 12:55 pm Anthony sends broadcast:NSOLß-short 20% @ 2.72 (junk, trash, etc…nuclear patent crap) Gx-3001

COUNT TWENTY-THREE(Not guilty) 2/16/2001 TRADING AGAINST ADVICE
2/16/01 2:41 pm Elgindy covers 2,000 shares of BIOP GX-2582
2/16/01 3:30 pm {15:30} AnthonyPacific>>4 I have 5,000 BIOP to sell if anyone wants to pay 3 ½ say yo{15:32} AnthonyPacific>>4did anyone thin I was coevering?{15:32} AnthonyPacific>>4did anyone think I was coevering?{15:33} AnthonyPacific>>4 if you cover BIOP you should be ashamed of yourself.{15:34} AnthonyPacific>>4 BIOP..is junk{15:34} AnthonyPacific>>4 they have no business{15:35} AnthonyPacific>>4 do any of the officers at BIOP have any credentials worth a shit?{15:35} AnthonyPacific>>4 pluvia r u in BIOP?{15:35} AnthonyPacific>>4 tell me u r JX-2080

COUNT TWENTY-FIVE(Not guilty) 05/11/2001 TRADING AGAINST ADVICE
5/11/01 9:41 am {9:41} Anthony>> I have zero intention of seelng GENI at these levels or this time{9:41} Bodqua>> homs gogogo{9:41} Anthony>> I will leave that to those who need a root canal JX-0133
5/11/01 9:47 am Elgindy shorts 500 shares of GENI GX-2582
5/11/01 9:51 am Elgindy shorts 500 shares of GENI GX-2582
5/11/01 2:46 pm Elgindy shorts 2,000 shares of GENI GX-2582

COUNT TWENTY-SIX Dismissed before deliberation

COUNT TWENTY-SEVEN(Not guilty) 6/06/2001 TRADING AGAINST ADVICE
6/6/01 10:37 am Elgindy covers 1,900 shares of SLPH GX-2582
6/6/01 12:32 pm Elgindy covers 4,000 shares of SLPH GX-2582
6/7/01 9:53 am Elgindy covers 2,700 shares of SLPH GX-2582
6/7/01 10:11 am Elgindy covers 2,000 shares of SLPH GX-2582
6/7/01 2:44 pm Elgindy covers 2,500 shares of SLPH GX-2582
6/7/01 3:40 pm Elgindy covers 4,000 shares of SLPH GX-2582
6/8/01 12:42 pm {12:42} Anthony.. no im not covering TDNT, EMEX, SLPH, etc. JUNM and on anon JX-0152

COUNT TWENTY-EIGHT(Not guilty) 6/21/2001 TRADING AGAINST ADVICE
6/21/01 4:09 pm Anthony sends broadcast: SLPHß-short 30% @ 4-6 (Its all over) GX-3001
6/21/01 4:58 pm Anthony sends broadcast: SLPHß-loaned Gunnerman 2 million dollars!!! SLPH I am officially calling it a never ever cover under any circumstances except death. GX-3001
6/22/01 9:52 am Elgindy covers 1,000 shares of SLPH GX-2582
6/22/01 10:19 am Elgindy covers 2,000 shares of SLPH GX-2582

COUNT THIRTY-ONE(Not guilty) 9/18/2001 FRONTRUNNING
9/18/01 12:08 pm Elgindy covers 1,500 shares of INIV GX-2582
9/18/01 12:20 pm Elgindy covers 2,000 shares of INIV GX-2582
9/18/01 12:22 pm AnthonyPacific sends broadcast: INIVß-cover @ 4.30 down from $9 or 8 GX-3001

COUNT TWENTY-NINE(Guilty) 8/17/2001 FRONTRUNNINGTRADING AGAINST ADVICE
8/17/01 12:44 pm Elgindy shorts 3,000 shares on INIV GX-2582
8/17/01 12:50 pm Elgindy sends broadcast: INIV ß- short 15-20% @ 4.45 GX-3001
8/17/01 1:07 pm Elgindy covers 3,500 shares of INIV GX-2582

On 8/17/01 I made 4 trades in INIV:

10:09 am: I sell 2000 INIV short @ 4.30
12:44 pm: I sell 3000 INIV short @ 4:45
12:48 pm: I sell 3000 INIV short @ 4.20
12:50 pm: I BROADCAST AN OFFICIAL CALL on INIV @ 4.45
1:07 pm: I bought (covered) 3,500 INIV, to trim down my short position @ 4.56; be mindful that I still held a large short position in INIV.

The prosecutor here charged both “frontrunning” and “trading against my own advice”, so instead of utilizing the earliest trade at 10:09 am, he chose the one at 12:44 that is only 6 minutes ahead of the “call” and in much closer proximity to the 3500 share buy that looks to be so nefarious.

The reality was that I sold 2 lots of 3,000 shares back to back, and decided I had over-allocated my position, and wanted to adjust my position to a more comfortable size. The 3,500 shares I bought back were at a LOSS to me. That is why one never saw the prosecution disclose my execution prices, EVER! The second over-sale of INIV and its correction cost me a few hundred bucks back in 2001; in 2005 it has earned me a felony conviction.

COUNT THIRTY(Not guilty) 8/23/2001 FRONTRUNNINGTRADING AGAINST ADVICE
8/23/01 1:55 pm Elgindy shorts 3,000 shares on INIV GX-2582
8/23/01 1:57 pm anthony sends broadcast: INIV ß- short 15% @ 4.35 (add) GX-3001
8/23/01 2:11 pm Elgindy covers 1,000 shares of INIV GX-2582
8/23/01 2:15 pm Elgindy covers 1,000 shares of INIV GX-2582
8/23/01 2:18 pm Elgindy covers 1,000 shares of INIV GX-2582

Count 29 and 30 are virtually identical. The prosecutor again picked a short a few minutes ahead of an “official call” that is then followed by “buys” that appear to cover the earliest short sale. I was charged with both FRONTRUNNING and TRADING AGAINST MY ADVICE. This time it’s NOT GUILTY.

Counts 24 & 32 are presented together because, like counts 29 and 30, they are virtually identical yet produced different results.

COUNT TWENTY-FOUR(Not guilty) 2/20/2001 FRONTRUNNING
2/20/01 10:20 am Elgindy covers 2,000 shares of BIOP GX-2582
2/20/01 3:04 pm AnthonyPacific sends broadcast: BIOP ß (official sister cover) @ 2 23/32 down from 6,7,8,9,10, and anywhere else you could possibly imagine. No whining please, profits are good. GX-3001

On 2/20/01 I made three trades in BIOP:

10:20 am: I trim an existing short position by 2,000 shares @ 2.75
10:23 am: I trim down by another 2,000 shares @ 2.70
2:56 pm: I decide to close BIOP, and lock in the profit, at 2.72
3:04 pm: I BROADCAST an “official cover” @ 2.72

The prosecutor only showed the jury the earliest trade of the day and the latest “call” creating what looks like an almost 5 hour “delay” which in fact was only an 8 minute difference.

COUNT THIRTY-TW0(Guilty) 10/23/01 FRONTRUNNING
10/23/01 9:17 am Elgindy shorts 5,000 shares of VLPI GX-2582
10/23/01 11:44 am Anthony sends broadcast: VLPIß-short 20% @ 1.80-2.00 (add) it’s junk

On 10/23/01 I made 5 trades in VLPI:

9:17 am: I short 5,000 shares of VLPI @ 1.88
10:14 am: I short 5,000 shares of VLPI @ 1.92
11:44 am: I BROADCAST an “official call (add)” @ 1.80 to 2.00
11:45 am: I short another 5,000 shares of VLPI @ 1.80
11:46 am: I short another 5,000 shares of VLPI @ 1.81
2:26 pm: I short another 10,000 shares of VLPI @ 1.75

The prosecutor here did the same thing as in Count 24. He took the earliest trade of the day and the email broadcast and created what “appears” to be a 2 ½ hour “delay”, implying a benefit to myself at the expense of my members and friends. The prosecution ignored EVERYTHING else, including the 20,000 shares of VLPI I added after my “call”. Finally he ignored the two prior short calls still open on VLPI started on October 19.