The 5% are the shares issued to Mitch when he became CEO. Mitch, however, was a complete do-nothing and made many many promises to management and to the shareholders that he never even attempted to keep. Because of this, I would expect that the company would try to get those shares back since he didn't keep up his end of his employment agreement. If I had to guess I would speculate that even though Mitch didn't sign the freeze agreement, he is either unwilling to sell at such a low pps/volume or he is unable to because of pending legal action. While we don't know the answer for certain, the fact that there has been no large-scale selling recently and buying has actually picked up leads me to believe that the 5% is not going to be hitting the market for quite some time.
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