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To: scion who wrote (512)4/15/2003 9:29:01 PM
From: StockDung  Respond to of 978
 
VaxGen's players show self-interest can taint views
By Scott Herhold
Mercury News

Posted on Fri, Feb. 28, 2003

Behind every big drama in the stock market are dozens of cameos -- investors struggling for the entrances or the exits, managers trying to protect their options from the deluge, hedge funds looking for a way to play both sides.

In that spirit, let me introduce you to an intriguing sidebar to the meltdown early this week of VaxGen, the Brisbane company that lost more than half its value when its AIDS vaccine fell short. It's the story of the tycoon and the tout.

You know the big theme: After a long study that involved more than 5,000 people, VaxGen (VXGN) had to acknowledge Sunday night that its AIDS vaccine had failed to protect most of the subjects from infection.

What you may not know is how intimately the tycoon -- Microsoft co-founder Paul Allen -- was involved with the company, or what his departure from the stock in recent months signaled.

And unless you're a VXGN investor, you probably don't know how vigorously a newsletter writer named Porter Stansberry pushed the stock. Even as the results came in, he stayed positive, saying, ``I have remarkable news.''

The opposing directions taken by these two men can teach investors a fundamental lesson: Self-interest bends our point of view.

Take the tycoon first. Through his investment arm, Vulcan Ventures, Paul Allen was an early investor in VaxGen, which spun off from the better-known Genentech in the early '90s. In December, 1999, after VXGN had already gone public, Allen stepped up his investment in a big way, putting $25 million into the company to fund its AIDS research. At $11.50 a share, he bought nearly 2.2 million shares. By mid-2000, he owned more than 20 percent of the company. A Vulcan Ventures biotech analyst, Ruth Kunath, took a board seat.

But over the past year, Allen has edged away almost completely from VaxGen. Kunath quit the board in mid-2002. And by the end of 2002, Allen had only 664,682 shares left, shares he filed to sell by the end of January. (While SEC records don't indicate those sales were completed, you can assume they were.)

Newsletter writer Stansberry, meanwhile, was headed in the opposite direction. On his site, Pirateinvestor.com, he's been bullish on VaxGen for at least two years. In January, about the time Allen was bailing, he sent out a note urging investors to buy his newletter (special price: $74.50) detailing his research on the AIDS vaccine.

Although he didn't mention VaxGen by name, it was clear Stansberry was describing the company when he said, ``I've uncovered a business currently worth $250 million that will soon be worth several billions. . . . In a matter of weeks, this stock will skyrocket when a story about it appears in the Wall Street Journal.''

In fact, much the opposite happened. But even as VaxGen was announcing its disappointing results Sunday night, Stansberry refused to surrender. Noting seemingly hopeful numbers among Asians and blacks, he concluded, ``AIDSVAX seems to work.''

So whom to follow, the tycoon or the tout? At a glance, you'd say Allen in a heartbeat. And you'd be right, though the record is mixed. Over time, Stansberry has picked a number of winners. And Allen has taken some notorious losses, particularly in cable and fiber optics.

What makes the choice clear, however, is the context. Remember that the purpose of Allen's investment was to further the company's AIDS vaccine research. Remember, too, that he has a biotech analyst who sold her own shares. When Allen leaves, it matters. (Neither Vulcan nor Stansberry responded to requests for comment.)

The newsletter writer, meanwhile, bought into the stock himself recently, though he says the purchases came after his newsletter appeared. So it's safe to assume he had a vested interest in keeping VaxGen afloat even after the flood started.

Given the company's slender prospects, it's an ever grimmer task. Since Sunday, further questions have come up about VaxGen's claim of good results among some minorities. The stock finished Thursday at $4.25, down 79 percent from its January high of $19.94.

--------------------------------------------------------------------------------
Scott Herhold's Stocks.comment appears every Monday and Thursday. Write him at the San Jose Mercury News, 750 Ridder Park Drive, San Jose, Calif. 95190; e-mail sherhold@sjmercury.com; phone (408) 920-5877.



To: scion who wrote (512)4/15/2003 9:30:54 PM
From: StockDung  Respond to of 978
 
Shareholder Class Action Filed Against Vaxgen Inc. by the Law Firm of Schiffrin & Barroway, LLP -- VXGN
Thursday March 20, 10:12 am ET

BALA CYNWYD, Pa., March 20, 2003 (PRIMEZONE) -- The following statement was issued today by the law firm of Schiffrin & Barroway, LLP:
Notice is hereby given that a class action lawsuit was filed in the United States District Court for the Northern District of California on behalf of all purchasers of the common stock of VaxGen Inc. (``VaxGen'' or the ``Company'') (NasdaqNM:VXGN - News) from August 6, 2002 through February 26, 2003, inclusive (the ``Class Period'').

If you wish to discuss this action or have any questions concerning this notice or your rights or interests with respect to these matters, please contact Schiffrin & Barroway, LLP (Marc A. Topaz, Esq. or Stuart L. Berman, Esq.) toll free at 1-888-299-7706 or 1-610-667-7706, or via e-mail at info@sbclasslaw.com.

ADVERTISEMENT


VaxGen, Inc., is engaged in the development and commercialization of AIDSVAX, a vaccine designed to prevent infection or disease caused by HIV (Human Immunodeficiency Virus), the virus that causes AIDS. The original AIDSVAX technology was developed by Genentech, Inc. and then licensed exclusively to the Company.

On February 26, 2003, the defendants disclosed to the investing community that the accuracy of their previous clinical reports of elevated efficacy rates for non-caucasians were skewed because the Company had not taken the necessary ``penalties'' to account for the fact that less than 10% of the clinical trial participants were non-caucasians.

Thus the first-ever large scale trial of an HIV vaccine failed overall, after the infection rates in Whites and Hispanics, the vast majority of study participants, ended up basically equal after three years and the vaccine did not show a statistical significance in cutting down HIV infection rates within the study population as a whole.

Plaintiff seeks to recover damages on behalf of class members and is represented by the law firm of Schiffrin & Barroway, which prosecutes class actions in both state and federal courts throughout the country. Schiffrin & Barroway is a driving force behind corporate governance reform, and has recovered in excess of a billion dollars on behalf of institutional and high net worth individual investors. For more information about Schiffrin & Barroway, or to sign up to participate in this action online, please visit sbclasslaw.com.

If you are a member of the class described above, you may, not later than May 16, 2003, move the Court to serve as lead plaintiff of the class, if you so choose. In order to serve as lead plaintiff, however, you must meet certain legal requirements.

More information on this and other class actions can be found on the Class Action Newsline at primezone.com

Contact:
Schiffrin & Barroway, LLP
Marc A. Topaz, Esq.
Stuart L. Berman, Esq.
1-888-299-7706 (toll free)
1-610-667-7706
info@sbclasslaw.com

--------------------------------------------------------------------------------
Source: Schiffrin & Barroway, LLP



To: scion who wrote (512)4/15/2003 9:37:35 PM
From: StockDung  Respond to of 978
 
300% profits in 7 months on a new AIDS vaccine. agora-inc.com

AIDS is the deadliest epidemic of the last several decades. Since 1981, 21.8 million people have died from AIDS. And 5 million more people are infected with HIV every year.

So you can imagine the market potential for the company that develops the world's first vaccine against HIV.

Porter and the other analysts on our team spent hundreds of hours researching several companies developing medication for AIDS. Of those, VaxGen is the only one with an HIV vaccine in Phase III testing. Which means their AIDS vaccine is likely to be first to market.

VaxGen is fairly confident that this will happen. The company is building a 2,000-liter protein production pilot plant in southern San Francisco.

Taking just 15,000 square feet of land, this small pilot plant can make a whopping 20 million doses of VaxGen's AIDS vaccine every year.

VaxGen is also building, in a joint venture with another company, a 48,000-liter production facility, with room to add another 96,000 liters, in Inchon, South Korea. This plant will be able to make 1.4 billion doses of VaxGen's AIDS vaccine a year – enough to supply the entire world.

At a minimum price of $16 a dose, VaxGen will clear over $10 in profit. That's up to $14 billion a year in revenue for a company valued at $140 million today.

And VaxGen is nearly finished with its Phase III trials, which wrap up within the next two months.

If the trials are a success, VaxGen can apply for a biological license with the FDA and start selling their unique patent-protected AIDS vaccine.

We told our subscribers to buy VaxGen at $5.50 in August, 2002. By December, the stock had risen to $20, gaining nearly 300% in about four months.

We'll really start raking in the profits when the FDA approves VaxGen's AIDS vaccine, sometime in 2004. We could easily double or triple our money again in just two years.

But good as it is, VaxGen's anti-AIDS vaccine is NOT going to become the #1 best-selling consumer drug. A new drug, being developed by the company I mentioned at the beginning of this letter, is.



To: scion who wrote (512)4/15/2003 9:50:31 PM
From: StockDung  Respond to of 978
 
VaxGen has become the subject of a barrage of marketing letters and e-mails from Baltimore-based equity analyst Porter Stansberry, who co-founded Pirate Investor, a research firm. With bold headlines, the letters offer "the only realistic chance to make 50 times your money in the short term."

In an interview, Stansberry defended his marketing techniques, noting that he has done significant research and always reminds his subscribers of the risk. But VaxGen spokesman Jim Key said he does not condone the hype."I think the tone and manner of the piece is very objectionable," Key said.

216.239.39.100



To: scion who wrote (512)4/15/2003 10:08:33 PM
From: StockDung  Respond to of 978
 
briandeer.com