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Re: cmf post# 51036

Monday, 08/16/2004 3:52:16 PM

Monday, August 16, 2004 3:52:16 PM

Post# of 249175
from CMF's selected 10Q passage:

"The focus of this investigation is on certain public statements made by Wave during and around August 2003, as well as certain trading in Wave’s securities during such time."

rote or not, 24, the langauge is clearly present tense.

if Wave was permitted to utilize past tense language, why did they instead elect to use present tense?

& btw, please show me where an ongoing formal SEC investigation results in a rote bar for all shelf registrations submitted by formal investigation targets.

please cite the source upon which you rely.

tia!

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