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Re: pantherj post# 25019

Wednesday, 03/24/2004 10:48:50 PM

Wednesday, March 24, 2004 10:48:50 PM

Post# of 32426
This is my favorite part of the SEC's complaint against USXP:

VI. OTHER FALSE OR MISLEADING STATEMENTS
A. Naked Short Selling Statements
74) In September 2003, Altomare began publicly suggesting that so-called "naked short selling" of Universal shares had artificially depressed Universal's stock price. In early October, Altomare stated in an interview that without the downward pressure of "naked shorting" Universal's share price would be much higher. In fact, as of September 30, 2003, the total "fails to deliver" of Universal's shares outstanding was de minimis.

75) In addition, none of Altomare's public statements regarding naked short selling disclosed Universal's issuance of hundreds of millions Universal shares to the re-sellers who had dumped these shares into the market.

76) In a subsequent interview with Dow Jones Newswire, Altomare falsely stated that Universal provided the Commission enforcement staff with 11,000 to 12,000 pages of documents in response to a staff subpoena requesting documents relating to short selling of Universal shares. In fact, Universal's total production in response to the SEC subpoena was only 295 pages, none of which provided evidence that investors or brokers were intentionally failing to deliver Universal shares in connection with "naked short selling."


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