Bocxman,
There is no doubt that emails were involved in the temporary suspension because the SEC specifically mentioned emails. Some of those emails could also have been Dr. Moro's because it is a fact that he writes emails to investors. But emails are not “press releases.” Only BioCurex was writing the “press releases.” As well as the email aspect of the temporary suspension, the SEC was also specifically questioning the accuracy of assertions by BioCurex in their press releases. That is undeniable. Here is the complete Securities Exchange Act Release No. 34-49546 for anyone interested to read:
Trading Suspension Whispering Oaks International, Inc., d/b/a BioCurex, Inc. U.S. Securities and Exchange Commission Washington, D.C. Securities Exchange Act of 1934 Release No. 34-49546 / April 8, 2005. The Securities and Exchange Commission announced the temporary suspension, pursuant to Section 12(k) of the Securities Exchange Act of 1934 (the "Exchange Act"), of trading of the securities of Whispering Oaks International, Inc., d/b/a BioCurex, Inc. ("BioCurex") of Richmond, Vancouver, at 3:00 p.m. on April 8, 2004, and terminating at 11:59 p.m. on April 22, 2004. The Commission temporarily suspended trading in the securities of BioCurex because of questions regarding the accuracy of assertions by BioCurex and by others, in press releases and e-mails to investors concerning, among other things, (1) a study confirming the effectiveness of its primary product and (2) approval of its main product by the Food and Drug Administration.The Commission cautions broker dealers, shareholders, and prospective purchasers that they should carefully consider the foregoing information along with all other currently available information and any information subsequently issued by the company.Further, brokers and dealers should be alert to the fact that, pursuant to Rule 15c2-11 under the Exchange Act, at the termination of the trading suspension, no quotation may be entered unless and until they have strictly complied with all of the provisions of the rule. If any broker or dealer has questions as to whether or not he has complied with the rule, he should not enter any quotation but immediately contact the staff of the Securities and Exchange Commission in Washington, D.C. If any broker or dealer is uncertain as to what is required by Rule 15c2-11, he should refrain from entering quotations relating to BioCurex's securities until such time as he has familiarized himself with the rule and is certain that all of its provisions have been met. If any broker or dealer enters any quotation, which is in violation of the rule, the Commission will consider the need for prompt enforcement action.If any broker dealer or other person has any information, which may relate to this matter, that person should contact Dorothy Heyl at the Division of Enforcement of the Securities and Exchange Commission, (646) 428-1758, or at heyld@sec.gov.
