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To: william Velmer who wrote (2980)9/29/1998 10:32:00 PM
From: john carr  Respond to of 4230
 
Mr. Vellmer,

So what you are saying is that it is ok for you to post anything about a company because anything is "possible". See what your legal counsel says about that!

That's a good one. LOL

Good luck with the legal mess you may very well find yourself in. Not because of a failure to disclose which might result in a slap on your wrist, but for libel.

John




To: william Velmer who wrote (2980)9/29/1998 10:55:00 PM
From: Jerry S.  Respond to of 4230
 
Velmer, are you kidding me?

THAT is your defense for your possible defamatory statement in your e-mail re: illegal shares? Jesus Christ man, get a lawyer real quick! You seem to be incriminating yourself!




To: william Velmer who wrote (2980)9/29/1998 11:31:00 PM
From: Mark B. Martell, CCM  Read Replies (2) | Respond to of 4230
 
Mr. Velmer,

Thank you for your measured response. I'd like to keep the honest dialogue flowing here, without trading barbs or exchanging insults. First, a word of caution to you sir. When someone calls you and contacts you about a single, particular stock, you should exhibit caution in your responses until you understand the agenda of the person calling. By talking to and giving credence to someone the likes of Mr. Monski, you might accidentally be painted in an unfavorable light. Mr. Monski has an agenda, and he may be part of the investigation by the SEC and Great White Marine.

As a prospective subscriber to your newsletter, you should understand that as you recommend a stock to us subscribers, we might use additional means, such as the Yahoo stock chat board, to further our analysis and due diligence pertaining to your recommendation. If you yourself are not monitoring these and other significant internet stock chat boards, you might not be providing optimal service to your subscriber base. Hence, you accidentally provide fodder for the likes of Mr. Monski. If your group would have followed the Yahoo chat board in a limited fashion, you would have known Mr. Monski immediately simply by the number of posts from/about him written daily...

I understand the need for you and SA Advisory to backpedal away from your statement that "In addition, the Company itself is being investigated for possible illegal sale of shares according to SEC rules and regulations." If you read thoroughly my questions to you, you would see that I was trying to ascertain whether or not you sought legal advice before providing this information to your subscribers. Your last response to me suggested that the use of the word "possible" absconds you from legal action, as this word suggests a statement of opinion as opposed to a statement of fact. However, another interpretation is that you are clearly stating that the SEC told you that they are "investigating" (which I would submit to you means "evaluating the possibility of") JAWS issuing shares against SEC rules and regulations (hence "illegally").

I sense from your statement here that this is not merely a matter of semantics, but a matter of misjudgment which, if you had legal representation, should have been caught before you published. A reputable attorney would have told you, in my estimation, to place your sell recommendation without disclosing the nature of the SEC investigation.

As a prospective subscriber to your service, I need to understand how you and your organization are obtaining information on a stock you recommend. To not follow the internet discussion boards where info is obtained "hot off the press" and to not handle communications with your subscribers in a legally responsible fashion suggests to me that your service isn't thorough.

Thanks for your time.

Mark