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To: David Alon who wrote (4927)10/28/1998 5:35:00 PM
From: James E Lynch  Read Replies (2) | Respond to of 6467
 
He claimed he charged only $8500 and took no stock. The Sec charges state diferently. I don't think you will be hearing from him again.



To: David Alon who wrote (4927)10/28/1998 5:46:00 PM
From: dbmedia  Read Replies (1) | Respond to of 6467
 
David-

The SEC is NOT shutting us down and we do not have a problem with the Securities and Exchange Commission under any circumstances. We begin our 3rd year of broadcasting with this week's show.

The truth of the matter is quite simple.

1. Section 17b of the Securities Act requires companies and individuals which
publicize securities to disclose if they are paid, which we have always done since
the program debuted in November of 1996.

Emerging Company Report charges featured companies a cash fee of $8,500.00 to cover the costs of production and to earn a profit.

This statement is clear in our Newsletter, at our web site and on the TV program itself.

2. A more ambiguous section of the rule has to do with the actual amount of the compensation. Emerging Company Report accepts cash only and understood the rule to be limited to stock compensation.

3. When the Commission inquired into our disclosure practices as part of a much larger inquiry into many such companies, we had already been disclosing the actual cash amount of our compensation for quite some time.

4. Our attorneys recommended we agree to no longer run our disclaimers without listing the actual cash compensation, even though we had already been following that practice for many weeks.

Hence, in the interest of cooperation, we agreed to "Cease & Desist" something we weren't even doing.

Emerging Company Report does not recommend companies or their stocks, we do not acquire positions in companies by any means and we do not tell members of our audience to buy stock.

We simply offer a reciprocal forum where companies can tell their story to viewers and viewers can see and hear the people behind those companies.

I will be happy to discuss this situation with anyone interested. I can be reached at 1-888-259-4449 or via email at
info@emergingcompany.com. Visiting our web site at emergingcompany.com can provide anyone with ample information about what it is we do and what we do not.

Donald A. Baillargeon
Executive Producer