To: StockDung who wrote (877 ) 12/17/2004 12:08:55 PM From: ravenseye Read Replies (1) | Respond to of 5425 In the case of Nuclear Solutions, federal prosecutors say Elgindy contacted Paul Brown, the company's chief executive, in late 2001 and attempted to use what turned out to be incorrect information about Brown's previous felony conviction to scare the executive into agreeing to a deal under which he would sell a discounted block of 300,000 to 350,000 shares. The shares could then be used by Elgindy and members of his private investment Web site to cover their short positions in Nuclear Solutions stock. Testifying for the prosecution in the Brooklyn courtroom, Tina Franco, Brown's sister, told jurors that as his secretary, she would transfer all incoming calls to her brother, who would often tape them. Franco testified that her brother, who since died in a car accident, began receiving telephone calls from Elgindy on Dec. 19, 2001. She said other people who called at about the same time were Troy Peters, Roland Chapin, A.J. Nassar, broker David Slavny and former market maker John Fiero. Franco said she heard most of the taped calls, since she was asked by her brother to transcribe the recordings, which he planned to give to the FBI. Peters, a former broker at investment firm First Geneva in San Diego, is also charged in the case and will be tried separately. Chapin was Peters' boss at First Geneva. Nassar is the former chief executive of Floor Decor. Slavny was at the time an investment banker with J.P. Turner & Co. LLC, which with First Geneva was purportedly trying to help Nuclear Solutions raise money. Fiero was barred by the National Association of Securities Dealers in 2001 for violating NASD and federal securities laws in manipulating small stocks. He is not charged in the case. Franco told jurors that her brother was very upset by Elgindy's telephone calls, the tapes of which were played in open court. In two calls on Dec. 19, Elgindy could be heard harassing Brown about a previous conviction, which the short seller didn't know had been dismissed, and about the validity of Brown's college diploma. framehosting.dowjonesnews.com