NBTY, Inc (NTY)

[golderbuggy]

V.UTY Unity Energy's earn-in agreement with 92 Resource Corp (TSX:V.NTY) seems like a win-win for either stock.

[golderbuggy]

Unity Energy Corp is an exploration stage company that is currently focused on lithium exploration in southwestern Nevada, uranium in the Athabasca Basin, and gold in Val d'Or mining camp, Quebec.

Uranium holdings in the Athabasca basin includes a 100-per-cent interest in the McKenzie Lake, Close Lake, Hoppy Lake and Milliken Creek projects. Unity also has 50-per-cent option interest in the Mitchell Lake uranium project. The balance of the option interest is subject to an earn-in agreement with 92 Resource Corp (TSX:V.NTY).

[MysteryInc.]

Do you think these guys will buy out Minerco MINE?

[pk341622]

Just saw this on the news:

http://apnews.excite.com/article/20100715/D9GVK7SG2.html

[RIDE EM HIGH]

NBTY WAS JUST ON TV CNBC, BIG DEAL OF THE DAY.

[RIDE EM HIGH]

NBTY WAS JUST ON TV CBCN, BIG DEAL OF THE DAY.

[Jaycamp]

NTY will fill the gap!

Overreaction by analysts caused NTY to gap down on 4/27/10 but it is steadily climbing and expected to fill the gap.

[makesumgravy]

Good Post!.......Its never ending isn't it?. Its good at least in this case that the judgement was fair, and being barred from serving as a director, or officer will lessen the opportunity for getting any insider information in the future.
George Bush was guilty of doing the exact same thing when he worked for an oil company. He fell under investigation, but good ole boy George had the good fortune of corruption serving on his side, his father was then the VP, who quashed the investigation, the guy who eventually nominated Ron Cox after becoming Pres, former Senator to Chair the SEC. We are all witness to his decades of corruption. Kinda like putting the fox in the hen house.

[scion]

Litigation Release No. 21233 / October 1, 2009

SEC, APPELLEE, v. MITCHELL DRUCKER AND RONALD DRUCKER, DEFENDANT- APPELLANTS, AND WILLIAM MINERVA, RELIEF DEFENDANT-APPELLANT, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT, APPEAL NO. 08-0942-CV (September 21, 2009)

SEC v. MITCHELL DRUCKER AND RONALD DRUCKER, DEFENDANTS, AND WILLIAM MINERVA, RELIEF DEFENDANT 06 Civ. 1644 (SDNY) (CM)
SECOND CIRCUIT COURT OF APPEALS AFFIRMS JURY VERDICT AND REMEDIES IMPOSED AGAINST ATTORNEY AND HIS FATHER FOR INSIDER TRADING

On September 21, 2009, the United States Court of Appeals for the Second Circuit affirmed a jury verdict finding Mitchell S. Drucker, an attorney and former associate general counsel at NBTY, Inc. ("NBTY"), a nutritional supplements manufacturer and retailer, and his father, Ronald Drucker, liable for violating the antifraud provisions of the federal securities and affirmed the remedies imposed by the federal district court. The Court of Appeals also affirmed the District Court's order of disgorgement against relief defendant William Minerva ("Minerva").

The Commission had charged that, while Mitchell Drucker was a lawyer at NBTY, and had learned that NBTY was about to announce lower than expected quarterly earnings, he and his father, a former New York City police detective, sold their entire holdings of NBTY stock just before the negative announcement. Collectively, the defendants avoided $197,243 in losses by selling in advance of the announcement.

On December 3, 2007, a federal jury in the United States District Court for the Southern District of New York found Mitchell Drucker and Ronald Drucker violated the antifraud provisions of the federal securities laws by committing insider trading. The jury found that defendants Mitchell Drucker and Ronald Drucker each violated Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder ("the antifraud provisions").

On December 26, 2007, Judge Colleen McMahon of the United States District Court for the Southern District of New York, entered final judgments against Mitchell Drucker, Ronald Drucker and Minerva. The judgment against defendant Mitchell Drucker permanently enjoined him from violating the antifraud provisions, and barred him from serving as an officer and director of any public company. The judgment also ordered defendant Mitchell Drucker to pay disgorgement and prejudgment interest totaling $201,146, to pay, and be jointly and severally liable with his father, defendant Ronald Drucker for, disgorgement and prejudgment interest totaling $74,411, and to pay, and be jointly and severally liable with his friend, relief defendant Minerva for, disgorgement and prejudgment interest totaling $11,577. The judgment ordered Mitchell Drucker to pay a civil penalty of $394,486, representing two times the combined ill-gotten gains obtained by defendants Mitchell Drucker and Ronald Drucker, and relief defendant Minerva.

The judgment against defendant Ronald Drucker permanently enjoined him from violating the antifraud provisions, and ordered him to pay, and be jointly and severally liable with his son, defendant Mitchell Drucker for, disgorgement and prejudgment interest totaling $74,411.

The judgment against relief defendant William Minerva ordered him to pay, and be jointly and severally liable with his friend, defendant Mitchell Drucker for, disgorgement and prejudgment interest totaling $11,577.

For further information see Litigation Releases Nos. 19587, 20385 and 20419


http://www.sec.gov/litigation/litreleases/2009/lr21233.htm

[makesumgravy]

U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 20419 / January 2, 2008
http://ftp.sec.gov/litigation/litreleases/2008/lr20419.htm
SEC v. Mitchell S. Drucker and Ronald Drucker, Defendants, and William Minerva, Relief Defendant, 06 Civ. 1644 (SDNY) (CM)
Final Judgment Entered Against Defendant Mitchell S. Drucker, Imposing Permanent Injunctions and Officer and Director Bar, Ordering Disgorgment and Prejudgment Interest, and Imposing a Civil Penalty; Final Judgments Also Entered Against Defendant Ronald Drucker and Relief Defendant William Minerva
On Wednesday, December 26, 2007, a Manhattan federal court entered final judgments against defendants Mitchell S. Drucker and Ronald Drucker, and relief defendant William Minerva. The judgments follow the jury verdict on December 3, 2007 in favor of the U.S. Securities and Exchange Commission finding the defendants liable for insider trading in the stock of NBTY, Inc. Mitchell Drucker is the former associate general counsel of NBTY, Inc., a nutritional supplements manufacturer and retailer, and his father, Ronald Drucker, is a former New York City police detective. The Commission had charged that, while Mitchell Drucker was a lawyer at NBTY, and had learned that NBTY was about to announce lower than expected quarterly earnings, he and his father sold their holdings of NBTY stock just before the negative announcement. Collectively, the defendants avoided $197,243 in losses by selling in advance of the announcement.

The judgment against defendant Mitchell Drucker permanently enjoins him from violating Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and bars him from serving as an officer and director of any public company. The judgment also orders defendant Mitchell Drucker to pay disgorgement and prejudgment interest totaling $201,146, to pay, and be jointly and severally liable with his father, defendant Ronald Drucker for, disgorgement and prejudgment interest totaling $74,411, and to pay, and be jointly and severally liable with his friend, relief defendant William Minerva for, disgorgement and prejudgment interest totaling $11,577. Finally, the judgment orders Mitchell Drucker to pay a civil penalty of $394,486, representing two times the combined ill-gotten gains obtained by defendants Mitchell Drucker and Ronald Drucker, and relief defendant Minerva.

The judgment against defendant Ronald Drucker permanently enjoins him from violating Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and orders him to pay, and be jointly and severally liable with his son, defendant Mitchell Drucker for, disgorgement and prejudgment interest totaling $74,411.

The judgment against relief defendant William Minerva orders him to pay, and be jointly and severally liable with his friend, defendant Mitchell Drucker for, disgorgement and prejudgment interest totaling $11,577.

In making findings for the judgments, United States District Judge Colleen McMahon issued on December 20, 2007, her Decision On Relief, in which she found, among other things, that Mitchell Drucker "perjured himself during the trial." That same decision stated, among other things, that the Court is "convinced, by the brazenness of his misconduct and by his cocky refusal to own up to it, that this attorney [Mitchell Drucker] — who was supposed to be NBTY's 'policeman,' and who demonstrated utter indifference to both the law and to his client — is not fit to participate in the governance of any public company." (footnote omitted).

For further information see Litigation Releases Nos. 19587 and 20385.



http://www.sec.gov/litigation/litreleases/2008/lr20419.htm



--------------------------------------------------------------------------------
Home | Previous Page Modified: 01/02/2008

[craddock]

The NTY trade did not trigger.

[craddock]

NTY's chart is looking better here. It is at a double bottom and MACD is showing positive divergence. If it takes out todays high I may buy some tomorrow. The stop would be below today's low.

http://stockcharts.com/def/servlet/SC.web?c=NTY,uu[r,a]daclyiay[pb50!b200][vc60][iuc20!uh14,3!la12,2...

Edit: It has also closed the gap from May.

[craddock]

I agree. I'm looking at the same thing, here's a weekly chart.

http://stockcharts.com/def/servlet/SC.web?c=nty,uu[r,a]wcclyiay[pb10!b40][vc60][iub14!uh14,3!la12,26...

Could have some more downside left, but getting close to a support level.

[BSWB]

I'm thinking it's a good prospect for a swing if nothing else.

http://finance.yahoo.com/q/bc?s=NTY&t=2y&l=on&z=m&q=l&c=

Looks interesting there

[craddock]

Here's a chart for NBTY (NTY).

http://stockcharts.com/def/servlet/SC.web?c=nty

It has been in a decline since mid June. The decline accelerated in early August, but has begin to consolidate lately.

[BSWB]

NBTY, Inc. Announces Cash Tender Offer for Its 8 - 5/8% Senior Subordinated Notes Due 2007


BOHEMIA, N.Y., Aug. 25 /PRNewswire-FirstCall/ -- NBTY, Inc. (NYSE: NTY) (www.NBTY.com), a leading global manufacturer and marketer of nutritional supplements, announced today that it has initiated a cash tender offer (the 'Offer') for any and all of its $150 million aggregate principal amount of 8 - 5/8% Senior Subordinated Notes due 2007 (the 'Notes'). The Offer is being made upon the terms and subject to the conditions set forth in an Offer to Purchase dated August 25, 2005.

The Offer is scheduled to expire at 11:59 p.m. (EDT) on September 22, 2005, unless extended or terminated earlier (the 'Expiration Date'). Holders of Notes who tender their Notes on or prior to 11:59 a.m. (EDT) on September 15, 2005, unless extended or terminated earlier (the 'Early Participation Date'), will be eligible to receive total consideration equal to $1,000 per $1,000 principal amount of the Notes validly tendered.

Holders who tender their Notes after 11:59 a.m. (EDT) on September 15, 2005, but prior to 11:59 p.m. (EDT) on September 22, 2005, unless extended or earlier terminated, will be eligible to receive $980 per $1,000 principal amount of the Notes validly tendered, which is equal to the total consideration less an early participation payment of $20 per $1,000 principal amount of Notes tendered (the 'Early Participation Payment'). The Early Participation Payment would be paid only to holders who validly tender and do not revoke the tender of their Notes prior to the Early Participation Date, and whose Notes are accepted for payment. In each case, holders that validly tender their Notes and whose Notes are accepted for payment will be eligible to receive accrued and unpaid interest up to, but not including, the payment date. The payment date for any Notes tendered and accepted for payment is expected to be promptly following the Expiration Date.

In accordance with the terms of the indenture pursuant to which the Notes were issued, the Company may redeem the Notes at par, plus accrued and unpaid interest, on or after September 15, 2005. NBTY currently intends to redeem after September 15, 2005 the Notes not tendered in the Offer pursuant to the terms of the indenture. This statement of intent shall not constitute a notice of redemption under the indenture. There can be no assurance that such a notice will be given or that the Notes will be redeemed by the Company.

The Offer is conditioned upon the satisfaction of certain conditions, including the consummation of the offering contemplated by the following paragraph and general conditions. A more comprehensive description of the Offer and its conditions can be found in the Offer to Purchase.

NBTY intends to finance the Offer, as well as any optional redemption of the Notes, primarily with net proceeds from a new offering of senior subordinated notes. Such senior subordinated notes have not been registered under the Securities Act of 1933, as amended, and may not be offered or sold in the United States absent registration or an applicable exemption from the registration requirements.

This announcement is neither an offer to purchase or sell nor a solicitation of an offer to purchase or sell the Notes. The offer is being made solely by the Offer to Purchase dated August 25, 2005.

NBTY has retained J.P. Morgan Securities Inc. to serve as the Dealer Manager and D.F. King Co., Inc. to serve as the Information Agent for the Offer. Requests for documents may be directed to D.F. King & Co., Inc., by telephone at [phone] (toll-free) or [phone] or in writing at 48 Wall Street, 22nd Floor, New York, NY 10005. Questions regarding the tender offer may be directed to Leonard Carey at J.P. Morgan Securities Inc., at [phone], Attention: High Yield Capital Markets.

ABOUT NBTY

NBTY is a leading vertically integrated manufacturer, marketer and distributor of a broad line of high-quality, value-priced nutritional supplements in the United States and throughout the world. Under a number of NBTY and third party brands, the Company offers over 19,000 products, including products marketed the Company's Nature's Bounty(R), Vitamin World(R), Puritan's Pride(R), Holland & Barrett(R), Rexall(R), Sundown(R), MET-Rx(R), WORLDWIDE Sport Nutrition(R), American Health(R), GNC (UK)(R), DeTuinen(R), LeNaturiste(TM), SISU(R) and Solgar(R) brands.

This release contains certain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 with respect to our financial condition, results of operations and business. These forward-looking statements can be identified by the use of terminology such as 'subject to,' 'believe,' 'expects,' 'plan,' 'project,' 'estimate,' 'intend,' 'may,' 'will,' 'should,' 'can,' or 'anticipates,' or the negative thereof, or variations thereon, or comparable terminology, or by discussions of strategy. Although all of these forward looking statements are believed to be reasonable, they are inherently uncertain. Factors which may materially affect such forward-looking statements include: (i) slow or negative growth in the nutritional supplement industry; (ii) interruption of business or negative impact on sales and earnings due to acts of war, terrorism, bio-terrorism, civil unrest or disruption of mail service; (iii) adverse publicity regarding nutritional supplements; (iv) inability to retain customers of companies (or mailing lists) recently acquired; (v) increased competition; (vi) increased costs; (vii) loss or retirement of key members of management; (viii) increases in the cost of borrowings and/or unavailability of additional debt or equity capital; (ix) unavailability of, or inability to consummate, advantageous acquisitions in the future, including those that may be subject to bankruptcy approval or the inability of NBTY to integrate acquisitions into the mainstream of its business; (x) changes in general worldwide economic and political conditions in the markets in which NBTY may compete from time to time; (xi) the inability of NBTY to gain and/or hold market share of its wholesale and/or retail customers anywhere in the world; (xii) unavailability of electricity in certain geographical areas; (xiii) the inability of NBTY to obtain and/or renew insurance and/or the costs of the same; (xiv) exposure to and expense of defending and resolving, product liability claims and other litigation; (xv) the ability of NBTY to successfully implement its business strategy; (xvi) the inability of NBTY to manage its retail, wholesale, manufacturing and other operations efficiently; (xvii) consumer acceptance of NBTY's products; (xviii) the inability of NBTY to renew leases for its retail locations; (xix) the inability of NBTY's retail stores to attain or maintain profitability; (xx) the absence of clinical trials for many of NBTY's products; (xxi) sales and earnings volatility and/or trends for the Company and its market segments; (xxii) the efficacy of NBTY's Internet and on-line sales and marketing strategies; (xxiii) fluctuations in foreign currencies, including the British Pound, the Euro and the Canadian dollar; (xxiv) import- export controls on sales to foreign countries; (xxv) the inability of NBTY to secure favorable new sites for, and delays in opening, new retail locations; (xxvi) introduction of and compliance with new federal, state, local or foreign legislation or regulation or adverse determinations by regulators anywhere in the world (including the banning of products) and more particularly proposed Good Manufacturing Practices in the United States, the Food Supplements Directive and Traditional Herbal Medicinal Products Directive in Europe and Section 404 requirements of the Sarbanes-Oxley Act of 2002; (xxvii) the mix of NBTY's products and the profit margins thereon; (xxviii) the availability and pricing of raw materials; (xxix) risk factors discussed in NBTY's filings with the U.S. Securities and Exchange Commission; (xxx) adverse effects on NBTY as a result of increased gasoline prices and potentially reduced traffic flow to NBTY's retail locations; (xxxi) adverse tax determinations; (xxxii) the loss of a significant customer of the Company; and (xxxiii) other factors beyond the Company's control.

NBTY cannot be certain that the measures taken by the Company will be sufficient to meet the section 404 requirements of the Sarbanes-Oxley Act of 2002.

Readers are cautioned not to place undue reliance on forward-looking statements. NBTY cannot guarantee future results, trends, events, levels of activity, performance or achievements. NBTY does not undertake and specifically declines any obligation to update, republish or revise forward- looking statements to reflect events or circumstances after the date hereof or to reflect the occurrences of unanticipated events.

Consequently, such forward-looking statements should be regarded solely as NBTY's current plans, estimates and beliefs.

Contact: Harvey Kamil Carl Hymans
NBTY, Inc. G.S. Schwartz & Co.
President & Chief Financial Officer 212-725-4500
631-200-2020 [e-mail]

SOURCE NBTY, Inc.



Source: PR Newswire (August 25, 2005 - 7:30 AM EDT)

News by QuoteMedia
www.quotemedia.com

[BSWB]

Just another company with no board that I'm looking at.