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Re: SaulK post# 4466

Friday, 07/06/2007 12:18:01 PM

Friday, July 06, 2007 12:18:01 PM

Post# of 12660
1. If the 483 issues were so minor why did Gold say at the annual meeting that they will take until the end of the year to clear up? Why not report what the 483 issues are now or at the time they were received? Why hide the fact the the pre-approval inspection had even occurred in the annual 10K SEC filing while describing the outcome of such inspection as a material investment risk? A legal presumption under the 10-b-5 securities law that awareness of a negative fact equates to the reason for a sale requires a lot more than that to rebut. With just six weeks to go from the time of the sale to presumed FDA approval and an even higher pps, why the rush to sell? There were just too many Press Releases and Regulatory Filings after DNDN's poor (and only) pre-approval inspection of its production facility in February purporting to report on important events without any mention that it had even occurred to conclude that there wasn't a conscious decision not to report for fear of its impact.

2, There's no question that the access now that every investor has to the internet and search engines such as GOOGLE gives an increased awareness to important material information where many executives would think that no investor would have the knowledge to realize that an insider was using critical inside information to their trading advantage. Did the wealthy ex CEO of Medarex ever think that the spotlight would shine on his backdating of options that lead to his ouster? It's just getting harder for executives to take advantage of their fiduciary obligations to their shareholders to make a buck.

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