Keith, ... "Is there anywhere in the SEC allegations where it is asserted that the press releases were materially false?"
Starting on Page 13, Paragraph 21 of the redacted indictment(Overt Acts re: Asia Global) - from PACER:
"a. On or about August 4, 2006, defendant BROWN communicated via the instant messaging function of America OnLine with P.D., regarding a scheme to raise money for Asis Global through liquidating shares registered pursuant to a January 6, 2006 SEC Form S-8 filing by Asia Global ... To participate in the deal, P.D. explained that he needed both to control the price of the Asia Global stock and needed press releases to attract investors ("blow it up with news"), which he wanted to review in advance, explaining that "[w]hatever [sector] is hot we can put PR saying they are looking into expanding into that sector." BROWN explained that, while the shares could not go into an account in P.D.s name, P.D. would have full control over where the Asia Global shares were, and their price. ...
d. On or about August 14, 2006, defendant, BROWN, communicated via the instant messaging function of America OnLine with P.D. regarding the market manipulation of AAGH stock, including P.D.'s coordinated posting of messages on on-line message boards regarding Asia Global stock wherein P.D. stated: "I got the entire world on aagh, lol, willys room, panettas room, ihub." ...
h. On or about August 22 and 24, 2006, defendant BROWN communicated via the instant messaging function of America OnLine with P.D. about the touting of Asia Global stock on on-line message boards, as well as an Asia Global press release, wherein P.D. instructed BROWN to "make it sound good like AAGH announces record revenue net profits increase of 300% etc."
i. On or about August 29, 2006, Asia Global issued a press release claiming that the company's net income for the second quarter of 2006 increased 370% over second quarter 2005 figures."
And so it goes throughout the redacted indictment. ... eom
AI
