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lentinman

08/02/06 8:18 PM

#6219 RE: mrdmrd #6217

mrd:

"Is it hearsay if he has said it to multiple people at multiple times who can testify what he said when - and no doubt have written notes to support their statements??"

Technically, no, that is not hearsay. It is to Andy, however. And, it is to this board. This board did not hear Dial say it. I did not hear him say it. Therefore, to US, it is hearsay. There is no proof that he has said it to anyone and there will be no proof, presumably, unless (or until) it is testified to (first hand) in a court of law - which will never happen IMO.

Len
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andy08057

08/02/06 8:25 PM

#6220 RE: mrdmrd #6217

I spoke to the SEC and they said it would not be hearsay! He can be held liable. Thats a fact. I can give you the sec investiogators name and tele number. Eh, maybe the sec is wrong too.

Sec says, "just because it is a pink sheet company, it is still publically traded, and the CEO is held to the same standards as a publically reporting company"....etc, comments made to shareholders that are intentionally inacurate or misleading can subject management to prosecution.

Thats not to say he is not lying. I merely state that if he is, he can be held criminally liable. He could be lying his rear end off. If he is, he will be held liable. Thats all.