Spongetech Delivery Systems, Inc. (fka SPNGQ)

[loanranger]

The transactions reported carry the transaction codes P and S.
From the instructions:
General Transaction Codes
P - Open market or private purchase of non-derivative or derivative security.
S - Open market or private sale of non-derivative or derivative security.

If the transactions were entered into as a private purchase and sale and hence not reflected in published volume data, would they not then avoid violating the following criteria of the cited rule?:
"For the purpose of creating a false or misleading appearance of active trading in any security registered on a national securities exchange, or a false or misleading appearance with respect to the market for any such security."