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Strategies & Market Trends : Mr. Pink's Picks: selected event-driven value investments -- Ignore unavailable to you. Want to Upgrade?


To: Mr. Pink who wrote (7086)3/4/1999 4:46:00 PM
From: drakes353  Read Replies (2) | Respond to of 18998
 
Mr. Pink:

Liviakis' spin courtesy of someone in the "Data Race Clubhouse"

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75174. HERNST BELLEVUE SR on mar 4 1999 3:18pm

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This was faxed to my office today from Liviakis Financial Communications.

Although Liviakis Financial Communications and the various public companies it consults to generally do not comment on daily market fluctuation, I feel a need to make an exception and make an official response.

I am developing grave concerns about the fast growing trend of mis-information, internet fraud and un-ethical and illegal shorting activity. The internet has unfortunately become a breeding ground and a perfect vehicle of short selling groups to barrage the public with clever chat room stories cowardly using anonymous names to serve their greedy agendas. Ever wonder why these people never use their real name and phone numbers? The general public is nieve enough to be emotionally swayed by these stories, which is creating exactly the effect they are seeking. As these cowards hide behind their pretend names and little computers, our firm is now taking action:

1. We have notified the NASD about certain market makers that have illegally shorted RACE and WEBB, violating the "up-tick rules";

2. We have hired two law firms to begin an investigation and interview all potential witnesses in a potentially large legal action against a lower grade shorting hedge fund in New York, and a small hedge fund in Austin, Texas, both which we have been collecting considerable data;

3. We are working on an "Expose" with certain media editors to expose to the American public shorting and internet fraud, and its damage to Americans and small businesses;

4. We are preparing evidence to submit to the SEC;

5. We want to offer anyone a reward for any information that leads to an arrest or a conviction that would pertain to the internet and shorting fraud that has damaged RACE, WEBB, or Liviakis Financial Communications.

Please, once and for all, our office does not want to hear, anymore, anything about what is on the almighty "chat boards". We know what they are, we know who we and our companies are, it's now time the American public says enough. Stop paying attention to this garbage. Let the U.S. securities industry return to the days of fundamentals, patience and good intentions. American businesses and shareholders are not being served well by this internet and shorting madness.

For the record:

1. The S-3 Registration filing on the RACE financing indeed has the heading "Selling Shareholders" in its entire list of financing participants (which include myself, Dr. Barker, etc.). But, this language is on all S-3's and in this case, no one has or can sell because of a separate "lock up" Agreement. So, again, people, NO "insider sales" have occurred. End of subject!

I have never sold one share of RACE, ever, during my tenure with the company. I have never illegally shorted or hedged any of my position, etc. End of subject!

I have bought (with real cash) over 700,000 shares of RACE. The CEO has bought several times. The Chairman (First Texas Capital) has bought heavily recently. None of us has ever sold one share. End of subject!

2. The so called "D-day" of the pending March 17th registration of the second traunch $1 million financing is frankly of little concern to me. Just as we did with this financial institution's first traunch in July 98, we are planning a smooth transition of these shares, and hopefully making such an announcement very shortly thereafter.

In any event, the amount of shares involved is relatively moderate in our estimation, making it a definite overblown issue. End of subject!

3. WEBB is not calling their warrants. End of subject!

Thanks to all of you that have been patient and tolerant in these volatile and stressful circumstances. Although the merits of any public company and its stock price are always a subject of opinion and debate, our subjective, but truly genuine opinion (as evidenced by our heavy buying and no selling ever), is that RACE and WEBB are the two single most exciting small companies I have ever been associated with. No guarantees, just one man's opinion.

John M. Liviakis, President
Liviakis Financial Communications, Inc.
(916) 448-6084
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This Liviakis guy is quite a character.