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To: afrayem onigwecher who wrote (10874)12/26/2002 2:17:33 PM
From: StockDung  Read Replies (1) | Respond to of 19428
 
Planet Web (EXPLOSIVEPICK-DOM)
81 lafayette avenue
brooklyn
NY,11219
US

Domain Name: EXPLOSIVEPICK.COM

Administrative Contact:
Stock, Broker (TA4791) killerstockpicker@AOL.COM
Stock Central
1022
Jacksonville, FL 01131
662-8754
Technical Contact:
Hostmaster, ICOM DNS (TG560) hostmaster@ICOM.COM
Internet Communications
7787 Sunset Boulevard
Los Angeles, CA 90046
US
(323) 436-0247 (323) 436-0248

Record expires on 30-Apr-2003.
Record created on 30-Apr-1999.
Database last updated on 26-Dec-2002 14:16:23 EST.

Domain servers in listed order:

A.NS.INTERLAND.NET 64.226.28.33
B.NS.INTERLAND.NET 66.111.73.173
C.NS.INTERLAND.NET 64.77.127.42



To: afrayem onigwecher who wrote (10874)12/27/2002 9:16:40 AM
From: StockDung  Respond to of 19428
 
Morgan Stanley, Other Investment Banks See No Rebound (Update1)
By Christine Harper

London, Dec. 27 (Bloomberg) -- Morgan Stanley, J.P. Morgan Chase & Co. and other securities firms say there will be fewer investment bankers a year from now as the industry extends a two- year revenue plunge of 40 percent.

``The odds are we've got another tough year ahead of us,'' Stephan Newhouse, co-president of Morgan Stanley's institutional securities business, said in an interview. ``No one anticipates a dramatic return to the levels we saw in 1999 and early 2000.''

About $260 billion has been wiped off the market value of the top 10 securities firms since the end of 2000, a record year for the earnings of firms selling bonds, stocks and advice on mergers. That's more than the combined current value of Citigroup Inc., Goldman Sachs Group Inc. and Merrill Lynch & Co.

Mergers declined 29 percent this year to the lowest level since at least 1998, leading to a drop in sales of securities used to finance acquisitions, Bloomberg data show. Global share sales dropped 17 percent; international bonds fell 13 percent.

Investment banks have reduced their head count by 15 percent in two years, according to Ted Moynihan, a consultant at Oliver, Wyman & Co., which advises financial services companies on strategy. Merger bankers were hardest hit, with as many as 25 percent cut in 2001 and another 25 percent in 2002, he said.

Cutbacks at securities firms -- totaling some 100,000 employees worldwide in the last two years -- haven't been deep enough, some bankers say. Staff reductions have not kept pace with revenue declines.

Shares Decline

``The economic environment will remain difficult next year, and the investment-banking environment may not be substantially different from what we've seen in 2002,'' Walter Gubert, chairman of the investment bank at J.P. Morgan, said in an interview. ``The third-tier players are going to have to exit, and that may reduce capacity.''

Securities firms' shares fell today. Goldman Sachs had shed $1 to $68.55 in German trading at 1:50 p.m. Frankfurt time. J.P. Morgan shares lost 46 cents to $23.99 in Germany. Citigroup shares dropped 30 cents to $35.72.

Credit Suisse Group, the parent of Credit Suisse First Boston, dropped 2 percent to 30 francs ($21.41) in Swiss trading, extending its drop this year to 58 percent -- the biggest fall among major securities firms. Lukas Muehlemann was replaced as CEO of Switzerland's No. 2 bank in September.

Some medium-sized banks have already shut securities units, or exited markets where they lost money.

Closing Businesses

FleetBoston Financial Corp., the seventh-biggest U.S. bank, closed its Robertson Stephens Inc. investment bank. ABN Amro Holding NV, the largest Dutch bank, shut down its U.S. equities business. Societe Generale SA, France's third-largest bank, closed its Asian equity sales and research business.

``For a lot of banks it's difficult to admit they're going to close down,'' Bob Diamond, head of investment banking and asset management for Barclays Plc, said in an interview. ``What we're seeing now is they're reducing footprint. That's a step toward folding back into domestic markets.''

Even the top 10 publicly traded investment banks as ranked by their position in global league tables -- such as Merrill Lynch, J.P. Morgan, and Credit Suisse First Boston -- may seek mergers to reduce costs, some bankers said.

``There will be fewer top-tier players,'' said Morgan Stanley's Newhouse. ``Firms that are in distress will be looked at as opportunities by people who want to fill in their geographical footprints or product lines.''

Goldman Sachs was the top-ranked firm for mergers and stock sales this year, and Citigroup's Salomon Smith Barney division was first in bonds, Bloomberg figures show.

Revenue Slides

Goldman's revenue from takeover advice and underwriting still fell 26 percent, and the company eliminated 2,938 jobs -- 13 percent of the total. Both Goldman and Citigroup shares have lost more than a fifth of their value this year.

Firms have also trimmed costs by reducing pay. Bonuses were eliminated altogether for many bankers, and they were cut about 50 percent on average this year, headhunters and bankers said.

Goldman's compensation and benefits fell to 41 percent of revenue at the end of November, from 50 percent three months earlier, according to the company's earnings report. Merrill Lynch had cut the ratio to 51.1 percent by Sept. 27, from 53.6 percent a year earlier.

The cost reductions are beginning to buoy earnings. Goldman, Merrill and Lehman Brothers reported profit gains for their most recent quarters.

Cost Reduction

Some firms are concerned about cutting too much. Morgan Stanley, which last week reported its ninth consecutive drop in profit, reduced fourth-quarter compensation expenses by 19 percent compared with 27 percent at Goldman.

``This is not like a manufacturing industry where you can shutter plants and then simply start them up again when demand picks up,'' Morgan Stanley's Newhouse said.

Not everyone is convinced the outlook is gloomy.

Sanford C. Bernstein & Co. analyst Brad Hintz said this month that U.S. brokerage firms will begin to see a slow recovery in 2003. Seth Waugh, Deutsche Bank AG's chief executive for North and South America, said he expects revenue to improve next year.

``People were surviving for the last six months, now they're starting looking around and saying `We've done what we can on the cost side, what can we do on the revenue side?','' Waugh said. ``I'm positive we're going to have a better 2003 than 2002.''

In a further boost, the 10 largest securities firms reached a $1.4 billion settlement with U.S. regulators last week that will end probes concerning allegations they misled investors by recommending shares of investment-banking clients.

Most banks are tempering any optimism.

``Our best guess on the environment is a very muted recovery through most of the year, accelerating toward the end of the year,'' David Viniar, Goldman's chief financial officer, said after the firm reported fourth-quarter results last week.

``Of course, that was (also) our best guess a year ago,'' Viniar said.




©2002 Bloomberg L.P. All rights reserved. Terms of Service, Privacy Policy and Trademarks.



To: afrayem onigwecher who wrote (10874)12/27/2002 10:39:42 AM
From: StockDung  Respond to of 19428
 
Broker pleads guilty to fraud Friday, December 27, 2002

Todd Long took $2.9 million, apparently to feed a gambling habit.
By JAMES B. KELLEHER
The Orange County Register

A former Orange County stockbroker has admitted stealing millions from the clients of two local brokerages.

Todd Long pleaded guilty this week in federal court in Santa Ana to ripping off $2.9 million from customers of the Newport Beach offices of Merrill Lynch and First Union Securities from 1999 to 2002.

Long, 33, stole the money by forging documents that transferred money from some clients' accounts and by tricking other clients into signing transfer papers.

He apparently used the proceeds to finance his gambling, federal officials say. But Lady Luck was no kinder to him than the long arm of the law would turn out to be.

"All we know for sure," says Assistant U.S. Attorney Robb C. Adkins, "is that he blew the money. It's gone."

Long joined First Union in 2001 after being fired by Merrill Lynch. His scam was uncovered this spring, after First Union became suspicious and began an internal probe of his activities. The brokerage fired Long and contacted the FBI, which uncovered illegal behavior going back all the way to his years at Merrill.

Long, who has promised to repay his victims as part of a plea agreement, faces up to 60 years in jail. His sentencing is scheduled to take place in March.

--------------------------------------------------------------------------------
CONTACT US: (714) 796-6726 or jkelleher@ocregister.com



To: afrayem onigwecher who wrote (10874)12/27/2002 11:37:38 AM
From: StockDung  Respond to of 19428
 
The "Khan Report" shouldn't that have been the "Con Report"? 216.239.37.100



To: afrayem onigwecher who wrote (10874)12/27/2002 9:05:42 PM
From: StockDung  Respond to of 19428
 
Lines Overseas Management, Ltd., what does that red flag mean if you go to this site and click on warnings?

says:Red Flag – Violated Securities Laws

evid.com.au

Warnings (Unlicensed Firms)

The following promoter / brokerage firms have been knowingly or unknowingly involved in either suspected or confirmed securities violations:

Currently
Took Over
Card

2001 Concept, Inc.



AAP Management



Acolus Management Corp



Allied Commerical Holdings, Ltd.



Allied European Holdings Ltd.



Allied International Investment, Ltd.



Alpha Company Ltd.



Alpha Management
TransNational Securities


Amber Capital



Ameridata Corp.



Applied Technologies Consultants



Archipelago



Argus Capital Investment Corp. Ltd.



ASEAN Commercial Holdings Ltd.



Avid Investor Inc.



Barlett Capital Corp.



Barnes Marketing Concept, Inc.



Benson Dupont



Berchmans Lee Company, Inc.



Bernstein & Zeigler
Clanvale Securities


BMC



Bradford Kempner Management Services, Inc.



Bradford Kempner Investments Ltd.



Bradshaw Global Asset Management, Inc.



Brauer Marconi Ltd.



Breakthrough Venture Partners



Brinton Group
Sigama


Brooks Pearson Investment Ltd.
Sterling Capital

Worldwide Investors Mgt


Burges Ventures Ltd.



Business Asia Interactive, Inc.



Cambridge International Bank & Trust Company, Ltd.



Cambridge International Trust



Capital Advisory Corp



Capital Management Consultants, Inc.
Dukes & Company


Carlyle Price Investments Ltd.



Carter James SL



Central Capital, Inc.
Brinton Group


Citizen Asia Pacific Ltd.



Cohen Nesbit Group



Collins, Tate & Murchison



Collman & Hall



Comsat International, Inc.



Cooley International Ltd.



Countex.com
Dukes & Company


Clanvale Securities, S.A.
Crawford Peale


Clevedon Securities, Inc.



Comsat International, Inc.



Crawford Peale, Inc.
Sherman Brothers


Dashiell Securities Ltd.



Davis & Son’s Ltd.



Delta Group International



Dieter Barlowe Securities, A.G.



Doorland & Switzer Communications
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Dragon Pacific Company Ltd.



Dreyfus A. Bonding



Dreyfus Securities



Dukes & Company Securities, Inc.
Worldwide Investors Mgt


Durham Securities (Canada)



Eastleigh International



Equity Management Group
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Euro Asian Investments, Inc.



Euro Pacific Trade Ltd.



Federal International Printers, Inc.



FFCI Marketing & Development, Inc.



Fielding Clifford



Finedon Partners Corp.



First Atlantic Corporation (Florida)



First Chartered Capital



First Federal Capital, Inc.



First Swiss Financial Management AG



First Two Thousand Corp., S.A.



Flint Structure Company Ltd.



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Grimaldi Hofmann & Co.



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Imperial Asset Management



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Inter-Tech Providers, Inc.



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Jacobs Kiplinger



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Knowle Sachs & Company, Inc.



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Lincoln Financial



Lines Overseas Management, Ltd.



Lloyd Morgens
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Lowe Trading Ltd.



Magna Venture Consultancy Mgt Group, Inc.



Marketgate International, Inc.



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Millenium Financial, Ltd.



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Northpoint & Neer Ltd.



Norwich Capital Mutual Funds, Ltd.



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The Orbiter Fund, Ltd.



Oxford International Management



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Price Warner Company Ltd.
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To: afrayem onigwecher who wrote (10874)12/28/2002 9:24:02 AM
From: StockDung  Respond to of 19428
 
CLONE KOOKS CLAIM SUCCESS

By MARSHA KRANES

Dr. Brigitte Boisselier of the firm Clonaid claims to have reached a new frontier in cloning a human.
- Getty Images

December 28, 2002 -- A member of an oddball religious cult that believes mankind was created by extraterrestrials yesterday claimed a company run by her sect had produced the world's first human clone.
The "Twilight Zone"-like announcement by Clonaid CEO Brigitte Boisselier - a "bishop" of the Raelian cult - came under immediate attack, raising eyebrows, doubts and disgust among scientists, ethicists, and government and religious leaders.

Boisselier, speaking at a beachfront Holiday Inn in Hollywood, Fla., claimed a healthy 7-pound girl - the clone of a 31-year-old American woman - was delivered by Caesarian section at 11:55 a.m. Thursday and was named Eve.

But Boisselier did not produce the baby or any DNA evidence to back her claim, and would not name the parents or reveal where the infant was born.

"You should have the answers and all the proof you need in about eight days," she told reporters.

President Bush found the incredible claim "deeply troubling."

"He strongly supports legislation banning all human cloning," a White House spokesman said.

Clonaid's claim was immediately rejected by Italian fertility doctor Severino Antinori, an outspoken contender in the race to produce the world's first human clone.

Michael Guillen, a physicist and former science editor at ABC-TV, said he was arranging to have "independent, world-class experts" perform DNA tests on the mother and infant.

He stressed that he was not being paid by Clonaid.

Boisselier said Eve's mother - who resorted to cloning because her husband was infertile - donated DNA for the process, had the resulting embryo implanted, and then delivered the baby.

If her claim is true, the infant should be an exact genetic duplicate, or identical twin, of her mother - as was Dolly the sheep, which five years ago was the first animal to be cloned.

"[Eve's] parents are happy," said Boisselier. "I hope you remember that when you talk about this baby - not like a monster."

Boisselier said her cult expects four more cloned babies in the next few weeks - one from North America, one from Europe and two from Asia.

She said she expects the next cloned human to be born next week to a lesbian couple in a hospital somewhere in northern Europe.

And she said two other couples are expecting clones developed from preserved DNA cells taken from their own children before they died.

Clonaid was founded in 1997 by Claude Vorilhon, a self-styled prophet who calls himself Rael and his followers Raelians. He claims aliens visited him in the 1970s and revealed they had created all life on earth through genetic engineering.

Antinori said Clonaid has no scientific credibility, and boasted that he would deliver a cloned baby boy next month.

Other scientists were also skeptical.

"It would be a surprise to me if it were that simple to clone humans," said Barry Zirkin, head of reproductive biology at John Hopkins University. "Based on the experience with animals, one would imagine it would take many, many shots to actually get a human baby."

Many scientists contend the process is too risky to try in humans because of the abnormalities that have developed in cloned sheep, mice, cows, pigs, goats and goats.

"Do we understand what causes these problems? No. Therefore we shouldn't do it," said Randall Prather, a biotech professor at the University of Missouri.



To: afrayem onigwecher who wrote (10874)12/28/2002 9:28:55 AM
From: StockDung  Read Replies (1) | Respond to of 19428
 
RELEASE OF TYCO E-MAILS SMEARS BELTWAY LAW FIRM

By JESSICA SOMMAR

December 28, 2002 -- Outside lawyers knew for years that Tyco International chairman Dennis Kozlowski was raiding company coffers for his own personal use and did nothing to stop it, according to newly uncovered e-mails.
A March 23, 2000, e-mail to Tyco general counsel Mark Belnick shows that Lewis Liman, a partner at the well-connected Beltway law firm of Wilmer, Cutler & Pickering, was aware of $100,000 in payments made to "Dennis's girlfriend."

The money was given in the form of a "loan" to Karen Mayo, now Kozlowski's wife, the Wall Street Journal reported Friday.

In the e-mail, Liman called the payments "an embarrassing fact," adding he believed they couldn't be withheld from the SEC, which at the time was probing accounting problems at Tyco.

But Tyco's Belnick disagreed, saying in his return e-mail that the fact was "non-responsive" to the SEC request and therefore didn't need to be disclosed.

The damaging e-mails - written by both Liman and former Securities and Exchange Commission enforcement chief William McLucas - were obtained by the Manhattan district attorney's office and the SEC.

Bermuda-based Tyco was rocked earlier this year when prosecutors filed criminal charges against Kozlowski, former chief financial officer Mark Swartz and former general counsel Belnick. All are accused of looting the company for unauthorized pay.

The lawyers didn't break the law by not blowing the whistle on the corruption they found, legal pros said.

"A $100,000 loan made from a multibillion-dollar company is not sufficient injury," explained John Coffee, securities law expert at the Columbia School of Law. "It does show a weakness in internal controls, but the appropriate action is to tell the audit committee - not to signal to the world that there is some scandal in progress."

Both the DA and SEC declined to comment. Wilmer Cutler & Pickering officials declined to comment.



To: afrayem onigwecher who wrote (10874)12/31/2002 10:44:51 AM
From: StockDung  Respond to of 19428
 
Ariba to Restate Fiscal Year 2001 Financial Statements

Delays Filing of Fiscal Year 2002 Annual Report on Form 10-K

SUNNYVALE, Calif., Dec. 31 /PRNewswire-FirstCall/ -- Ariba, Inc. (Nasdaq:ARBA) announced today that it will restate its financial statements for the fiscal year ended September 30, 2001 and for the quarter ended March 31, 2001 as a result of an ongoing review by the company's audit committee. The review is focused on the accounting treatment relating to certain benefits provided to a limited number of employees of the company during fiscal years 2000 and 2001. In addition, Ariba has delayed the filing of its annual report on Form 10-K for the fiscal year ended September 30, 2002, which was due on Dec. 30, 2002, until this review is complete. In connection with this delay, Ariba is filing a Notification of Late Filing on Form 12b-25 with the Securities and Exchange Commission (SEC).

The audit committee's review has primarily focused on a $10 million payment, provided personally by Keith Krach, the company's chairman and co-founder, in March 2001 to Larry Mueller, the company's president and chief operating officer at the time of the payment. Because no company funds were used and there was no commitment to or from Ariba, the company originally viewed the payment as a personal transaction. Ariba has now concluded that for accounting purposes, the company should treat the $10 million payment as a capital contribution from Mr. Krach to the company and the payment of compensation from the company to Mr. Mueller.

The $10 million payment at issue does not affect the company's results of operations for fiscal year 2002 nor does it affect the company's results of operations for any quarter other than the quarter ended March 31, 2001. The company's restated financial statements for the fiscal year ended September 30, 2001 and for the quarter ended March 31, 2001 will reflect a non-cash charge to the company's fiscal 2001 operating expenses that does not affect the company's cash balances, net assets or total stockholders' equity at March 31, 2001 or for any other period.

The audit committee began this review on December 21, 2002, and expects to complete it shortly. Although the review is not completed, Ariba has determined that it will restate its financial statements for the fiscal year ended September 30, 2001 and the quarter ended March 31, 2001. The company's previously filed financial statements for these periods do not reflect the $10 million payment. As a result, the restated financial statements will disclose an additional $10 million in compensation expense for such periods. Investors accordingly should not rely on the financial information contained in the company's previously filed annual report on Form 10-K for the fiscal year ended September 30, 2001 or in the company's quarterly report on Form 10-Q for the quarter ended March 31, 2001. Restated financial statements for these periods will be included in Ariba's annual report on Form 10-K for the fiscal year ended September 30, 2002 when filed with the SEC.

About Ariba, Inc.

Ariba, Inc. is the leading Enterprise Spend Management (ESM) solutions provider. Ariba helps companies develop and leverage spend management as a core competency to drive significant bottom line results. Ariba Spend Management software and services allow companies to align their organizations with a spend-centric focus and deploy closed-loop processes for increased efficiencies and sustainable savings. Ariba can be contacted in the U.S. at 650-390-1000 or at www.ariba.com.

NOTE: Ariba and the Ariba logo are registered trademarks of Ariba, Inc. Ariba Spend Management, Ariba Analysis, Ariba Buyer, Ariba Category Management, Ariba Contracts, Ariba Travel & Expense, Ariba Workforce, Ariba Invoice, Ariba eForms, Ariba Enterprise Sourcing, Ariba Supplier Network, BPM Services, Power Sourcing, Total Spend Capture and PO-Flip are trademarks or service marks of Ariba, Inc.

Ariba Safe Harbor

Safe Harbor Statement Under the Private Securities Litigation Reform Act 1995: Information and announcements in this release involve Ariba's expectations, beliefs, hopes, plans, intentions or strategies regarding the future and are forward-looking statements that involve risks and uncertainties. All forward-looking statements included in this release are based upon information available to Ariba as of the date of the release, and we assume no obligation to update any such forward-looking statements. These statements are not guarantees of future performance and actual results could differ materially from our current expectations. Factors that could cause or contribute to such differences include, but are not limited to: delays in development or shipment of new versions of Ariba's products and services; lack of market acceptance of Ariba's existing or future products or services; inability to continue to develop competitive new products and services on a timely basis; introduction of new products or services by major competitors; our ability to attract and retain qualified employees; difficulties in assimilating acquired companies; the impact of recent workforce reductions on Ariba's operations; lengthening sales cycles and the deferrals of anticipated orders; declining economic conditions, including a recession; inability to control costs; changes in our pricing or compensation policies; inability to successfully manage a reduction in the company's workforce; significant fluctuations in our stock price; the possibility that the Audit Committee's review may result in a determination to further restate our financial statements, which could have a material adverse effect on our reported financial results; the possibility that we may not be able to file our annual report on Form 10-K for the fiscal year ended September 30, 2002 within the permitted fifteen-day extension period provided by Rule 12b-25, resulting in the failure of such annual report of Form 10-K to have been filed on a timely basis; and the possibility that stockholders or regulatory authorities may initiate proceedings against Ariba and/or our officers and directors as a result of the restatement. Factors and risks associated with our business, including a number of the factors and risks described above, are discussed in the Company's Form 10-K/A filed December 31, 2001 and in its Form 10-Q filed August 14, 2002.

MAKE YOUR OPINION COUNT - Click Here

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SOURCE Ariba, Inc.

CO: Ariba, Inc.

ST: California

SU: ACC

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12/31/2002 06:57 EST



To: afrayem onigwecher who wrote (10874)12/31/2002 1:33:15 PM
From: StockDung  Respond to of 19428
 
GeneMax broadens Global, Union suit to name brokers

2002-12-31 09:00 PT - Street Wire

by Brent Mudry

GeneMax, a tiny biotechnology penny stock promotion at the centre of a controversial and well publicized short squeeze, is trying to up the ante in its naked-shorting market manipulation suit against two Vancouver brokerages, Global Securities and Union Securities. In a recent brief hearing in the Supreme Court of British Columbia, GeneMax added seven brokers at the Vancouver houses, including Global founder and head Art Smolensky, as defendants.

The new defendants includes Global's Mr. Smolensky, Carol Ann Zosiak, Daniel Caamano and Blair Alan Bigwood, and Union brokers John Cameron Gardner, Karl Harry Landra and Peter James Irvine. The amended statement of claim, filed in draft form on Nov. 15 and officially rubber-stamped Dec. 12 by Master Patterson, also names unidentified "John or Jane Doe 1-10.) "GeneMax anticipates that the defendants John or Jane Doe 1-10 will include other stockbrokers and short sellers trading in GeneMax shares," states the amended suit.

The amended B.C. suit is the latest court development in the short life of GeneMax, which began trading July 15 at $6 on the OTC Bulletin Board after a reverse takeover of Eduverse.com, one of the penny shells in the stable of controversial Howe Street promoter Brent Pierce and his long-time associate Grant Atkins. (All figures are in U.S. dollars.) After months of negative publicity, including Stockwatch's Sept. 12 note of Mr. Pierce's involvement, QLT Inc. founder Dr. Julia Levy, a respected Vancouver biotechnology figure, finally resigned as chairwoman of GeneMax on Dec. 12. (There is no allegation of any wrongdoing on the part of Dr. Levy.)

In an eye-opener in the penny stock world, GeneMax was launched with certificate-only transfer, disallowing electronic share transfers. Shorts that may have been attracted by Mr. Pierce's reputation seemingly missed the razor-thin float of 265,654 free-trading shares as of Aug. 2. The short position swelled to at least 714,000 shares by mid-October. Amid a short squeeze, GeneMax shares briefly peaked at $20.40 on Nov. 14. The stock closed at $5.75 on Monday.

GeneMax sued Global and Union on Sept. 4, claiming that naked shorting by the brokerages and its clients constituted a market manipulation scheme. The brokerages deny the allegations, and launched counterclaims. While Vancouver lawyer Paul Miller of Boughton Peterson Yang Anderson filed the original suit, GeneMax later switched lawyers a few weeks later, and is now represented, since Oct. 10, by Elizabeth Liu of Basham Thompson & Liu, a smaller law firm.



To: afrayem onigwecher who wrote (10874)1/3/2003 6:15:51 PM
From: StockDung  Respond to of 19428
 
VeriSign Dispute Over Sex.Com Domain Name Sent to State Court
By Pham-Duy Nguyen

San Francisco, Jan. 3 (Bloomberg) -- A federal appeals court asked California's high court to resolve questions about the Sex.Com domain name in a dispute over whether VeriSign Inc.'s Network Solutions must pay as much as $65 million for improperly transferring the address.

Gary Kremen appealed a 2001 U.S. District Court ruling that Network Solutions was immune from civil suits stemming from the mishandling of the address, which was stolen from him by Stephen Cohen. Cohen, a fugitive in Mexico, hasn't paid a $65 million judgment for acquiring the domain name through fraud and Kremen sued the company that manages Internet addresses to recover a portion of the money.

The 9th U.S. Circuit Court of Appeals today said the question of whether an Internet address has value such as a stock certificate or an automobile was a matter of state law and sent the case to the California Supreme Court.

``With the growing ubiquity and importance of the Internet and the number of domain names increasing exponentially -- there are now 30 million domain names -- clarity in the application of California state law to domain names presents an important question for resolution,'' Judge M. Margaret McKeown wrote on behalf of the three-judge panel.

Network Solutions's attorney said the domain name doesn't fit the legal requirements for conversion because it's just a series of digits in a database.

``A domain name is not tangible,'' said attorney David Dolkas, who argued the case in front of the three-judge panel. ``It's an electronic address that exists because of a contractual relationship.''

Parking Lot Attendant

Jim Wagstaffe, Kremen's attorney, compared Network Solutions's role in the dispute between Kremen and Cohen as the parking lot attendant who was careless on his watch.

``Both decisions recognize that a domain name is a property,'' he said. The only question remaining for the state's high court, is whether the Network Solutions, like the parking attendant, can be sued.

In a dissent, Judge Alex Kozinski said the case is about a ``long common law tradition,'' and wasn't a novel issue for the California Supreme Court to decide.

``This case in not about `regulation of the Internet under state law,' as the majority believes,'' Kozinski wrote. ``It's about general principles of tort law that happen to apply to the Internet because that's the type of property (Network Solutions) gave away.''

Wagstaffe said he was buoyed by Kozinski's dissent. ``Judge Kozinski would clearly find in favor of my client,'' he said.

All proceedings in the case are delayed until the California Supreme Court decides whether it will take up the issue, the appeals court said.

Shares of VeriSign rose 6 cents to $8.55 in Nasdaq Stock Market trading.