To: Carl who wrote (6635 ) 3/10/1998 12:32:00 AM From: flightlessbird Read Replies (2) | Respond to of 10836
Carl and others: Attached is an article detailing litigation/discovery issues that arose with respect to Solvex' litigation against Asensio. Though you might respond with "yeah, well that's just the company Solvex speaking", the important point to understand is that this man accused a company of SIGNIFICANT fraud and refused to produce but a thin sliver of documents to substantiate his claims. If he couldn't even produce PUBLIC documents housed in his alleged multi-million dollar research factory, just what exactly was he relying on to make his claims? You can bet your ass that any respected analyst at any respected brokerage firm could put together a thick volume of background reports, notes, files, research, you name it. In fact, any extreme recommendation would REQUIRE that they document their opinions with at least competent support. Assensio produced NOTHING. Not even the public filings that he cited to. NOTHING. If he is as "exhaustive" and as "thoroughly researched" as he self-proclaims, wouldn't you think he would have had very basic information and fairly extensive research or notes on Solvex to document his claims? Ken Nowell has addressed your concerns with respect to the 1989 JUDGMENT FOR FRAUD AND CONCEIT (not a suit, but a JUDGMENT) and has spoken to a plaintiff in the suit who has acknowledged the ongoing 1989 (!!!) case and attempts to enforce the judgment despite the difficulty of Assensio's asset trail. Also, your shock at the $1000 judgment against Assensio should place more shock in your mind that Assensio cited to a missed $600 administrative fee with the VSE by MO's FORMER company. Keep in mind that the $1000 fee against Assensio was found by some investors. Crystallex never found that nor endorsed that (for the record neither have I; I don't find that fee against Assensio anything truly extraordinary as much as I do the JUDGMENT against him for FRAUD AND DECEIT). Assensio himself, however, prominently displayed on his website and put forth a release regarding MO's former company and its missed $600 fee. Talk about a desperate character assassination attempt. That takes the cake. You said you reserved judgment Carl. I truly hope you'll look more closely at what this man would likely do to protect himself and his assets. Solv-Ex Corporation Blasts Asensio; Documents Totally Fail to Support Claims ALBUQUERQUE, NEW MEXICO--Solv-Ex Corporation reports that documents produced to the Company by Manuel P. Asensio and Asensio & Company, Inc. in connection with its New York civil litigation provide no documentary basis for Asensio's claims regarding Solv-Ex. The documents were produced pursuant to a Federal court order requiring production of documents which in any manner relate to Solv-Ex or certain short-sellers. The court order was issued in response to a subpoena issued by Solv-Ex, which Asensio unsuccessfully attempted to quash. According to Solv-Ex Senior Vice President Herb Campbell, "The minimal volume of documents produced by Mr. Asensio does not appear to contain any factual support for what has been represented in his Internet postings and news releases and, for the most part, consists of skeletal hand written notes and only part of his Internet postings. Either he is a total sham or has acted in willful contempt of a court order. We are somewhat amazed to discover that he apparently does not even possess Solv-Ex's public filings or news releases." Campbell continued, "Given the frequency with which Asensio attacks the Company - at times using his own name and sometimes hiding behind various aliases - the near complete absence of even the most basic information about Solv-Ex in his document production is something that Asensio would understandably seek to hide. This may well explain his desperate attempt to avoid responding to the subpoena. Indeed, based upon evidence obtained by the Company, Asensio appears to have filed false affidavits in Federal court in order to avoid producing any documents to the Company and to avoid appearing for a deposition which is now scheduled to take place in about two weeks." Campbell added, "Mr. Asensio has blatantly ignored regulations regarding disclosure of information and has demonstrated a lack of respect for our judicial system. In the case of Solv-Ex, he has attempted to disrupt our labor and government relations in Alberta, contractual relationships with third parties and an orderly market in our Common Stock - all based upon dissemination of false or misleading information. We are further aware of threatening statements he has made to certain supporters of Solv-Ex and blatant misrepresentations he has made to third parties in an effort to obtain information. Frankly, it is unbelievable that this individual can have any credibility in the market place." Solv-Ex said it is furnishing the Asensio documents to regulatory authorities and will provide copies (including a list of his Internet aliases) to shareholders and brokers upon request.