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Re: ricanich post# 36550

Friday, 01/20/2017 9:28:32 AM

Friday, January 20, 2017 9:28:32 AM

Post# of 54032
"it is a website by shareholders."

But it must be a "TUAG" website, or at least one that is operated by a TUAG affiliate.
How would a simple interested shareholder have access to the non-public information that appears on that website, specifically the Exhibits to the Meyler deposition? In fact that would seem to be a release by the company, whether to a third party for the purpose of posting it on the website or, if the company itself controls the website, of information that violates Fair Disclosure regulations.

Do the Meyler deposition exhibits constitute material non-public information? Depend on who you ask. The company thought that the deposition itself was important to publish in an 8-K filing (https://www.sec.gov/Archives/edgar/data/1142790/000149315216014029/form8-k.htm) that made it public. That in itself wouldn't make it "material" unless the information in it could reasonably be expected to influence a reader to buy some TAUG shares.
But wait! What other purpose could that 8-K filing have had? It was a VOLUNTARY filing.

So the deposition that the company chose to make public was material information by definition. It would seem obvious then, that the Exhibits that are referred to throughout the deposition would also be material.

The Exhibits, if released by the company to an affiliate who then published them (unless the company itself wants to lay claim to being responsible for the website), MUST be made broadly available to the public by the company itself according to Regulation FD (Fair Disclosure). They had that obligation "for an intentional selective disclosure, the issuer must make public disclosure simultaneously; for a non-intentional disclosure, the issuer must make public disclosure promptly."
https://www.sec.gov/rules/final/33-7881.htm


TAUG can't have it both ways.
If Seth Shaw or the TAUG BOD want people to believe that the cowangunteskicpamalpractice.com website isn't operated by Tauriga or an affiliate, the company itself should have broadly distributed the Meyler deposition exhibits simultaneous to or promptly after they provided them to the operator of the website...unless they want to claim that they were provided by a third party (who else might have had access to that information and wanted to see it released?).
If the cowangunteskicpamalpractice.com IS operated by Tauriga or an affiliate, such as a consultant, then to leave the public thinking otherwise suggests that they should read 17 CFR 240.10b-5 - Employment of manipulative and deceptive devices.




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