I know nothing of HEB or Asensio's "analysis" of it. I do have some experience with his "research" style due to his writings about Zonagen, a company which I have knowledge of. With Zonagen, his method was to present only one side of an issue and to distort the truth or outright invent it. It wasn't research, it was advocacy. He quietly built a short position and waited until the announcement of the Schering deal. Then he pounced, with a sensationalized and accusatory report that somehow gained substantial media play. As a result, he and those followers who were informed about the impending attack, were able to make big profits. This smacks of the same kind of manipulation that unscrupulous longs have been accused of in running up small cap stocks.
From reading the release you posted, I sense the same tone as in other of Asensio's writings. He accuses someone of being a fraudulent promoter. He tries to associate the fact that Richard Syron left the AMEX with HEB and Asensio's battles with it. He even purports to be representing traders, brokerage and clearing firms and all short sellers. I can understand why the tone of this Asensio written release would make you think that the charges "have been dismissed entirely."
The charges dismissed seem to have to do with the issue of conspiracy and the applicability of the RICO statutes. I thought that RICO could only be used in criminal cases, such as the FBI vs. the mafia, not in civil, but I could be wrong. In any case, even a release as biased as Asensio's couldn't completely obscure the fact that two charges remain.
This has nothing to do with Zonagen and thus would not constitute a "draw." The legal score there is still Zonagen 1, Asensio's charges 0.
I noticed that the charges against Zonagen were dismissed "with prejudice." Is that some kind of rebuke of the attorneys who brought the suit and the merits of their case?
By the way, I never crowed for the Hemispherix lawsuit or otherwise mentioned it. Thanks for posting the release.
Good luck,
Bruce |
