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cowtown jay

07/01/11 1:26 PM

#335740 RE: patchman #335190

While I am waiting to see Sasser's motion,

I thought I would check to see what you have been up to, Dave. And I was surprised to see that you apparently have not posted since the day you sent this. Not on SpongeTech. Not on any board. I haven't posted here in awhile, so maybe I'm missing something. Do you have a new ID? I'd like to keep up with what you're working on.

I also still hold out the hope that you will look more critically at the Commission's administration of this case. It appears that Bernstein is doing that. When you wrote to Bernstein in April, you advised him that shareholders have a right to sue "...the market participants, market makers, and any short sellers they can prove acted illegally." And you went on to say, "It is not within the legal rights of these shareholders to impose the cost of any investigative effort on the bankruptcy courts and the public..." But evidence has now come to light that shareholders needed Silverman to release the data, which he refused to do. And there is further evidence that shareholders offered to pay the associated costs. But, Silverman evidently denied the offer, and subsequently just ignored the request.

I see that Sykes is still around. Ironic that you and Heller both agree about how Sykes ran, to avoid being served. And speaking of Sykes, what is your view, Tim, on the BTR claim? Back in April, we asked for a stay of the liquidation, until Silverman concluded an investigation into the company's assets.

Interesting goings-on.