+ 9.09 % bei Caly bei 2,1 Mio Aktien ...
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eröffnet am: | 10.01.04 16:32 von: | Biomedi | Anzahl Beiträge: | 583 |
neuester Beitrag: | 02.03.04 19:03 von: | standingovat. | Leser gesamt: | 34186 |
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interessant
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witzig
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gut analysiert
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informativ
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sind aber steigend und das ist doch positiv, für eine Firma die ja schon längst Pleite ist !!! Wartet mal ab Freunde, am Schluß wird abgerechnet !!!
Gruß werweiß
Wochenschluß mind. 0,83 $
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blick aber heute früh noch nicht durch, kauft da jetzt jemand 300.000 Stück
oder verkauft er !!!
Les da noch was von Citizen, Ackermann, Alpha Capital
gruß werweiß
ist aber schon vom 26.1.04
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hoffentlich nicht wenn es zu spät ist zum aufspringen, denn die Lokomotive kann sehr schnell nach Norden gehen, und dann leider wieder gen Süden, aber das auf und ab sind wir schon gewohnt, mit warmduscher - news werden wir jetzt verschont, da hat calypte dazu gelernt, aber das muß nicht negativ sein.
Es wird immer noch fleißig nachgekauft, und keiner will großartig verkaufen, ich glaub immer noch an den 20.2.2004, da ist ein sehr wichtiger Termin, aber fragt mich nicht was da ist !!!!!!!
gruß werweiß
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By Sherry Grisewood, CFA
February 17, 2004. Calypte Biomedical (OTCBB: CYPT) has filed its revised third quarter 10Q and is now in full compliance with SEC filing requirements. With the filing compliance, Calypte is now able to restart the AMEX listing application. In its conference call on January 29th, management affirmed it would also file its 2003 10K on time. During the conference call, the new management team of Dr. Richard George, President and CEO and Richard (Dick) Van Maanen, Vice President of Operations, together with Chairman, Tony Cataldo, presented a brief snapshot of the Company’s current position. Dr. George reiterated his commitment to meeting the Company’s goal of introducing rapid tests in China a and Africa as well as moving ahead on additional rapid test development. Clinical trials in China were delayed to due IRB approvals, but Dr. George expected patient enrollment to begin shortly. Although only 6 weeks of data is required to meet the study endpoint, Calypte has decided to run the study for 8-10 weeks in order to generate sufficient data for peer-review journal publications. The Company will use strategic local contract manufacturers for its international clinical trial and sales requirements. We currently have a neutral rating on Calypte.
gruß werweiß
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NOTE 2 January 2004 - Calypte fires their accounting firm over their refusal to approve Calypte Audit Committee actions. In a Form 8K filed today, Calypte announced that they have fired KPMG as their auditor and hired Odenberg Ullakko Muranishi & Co. LLP as their new auditor. The 8K paints a troubling picture in our opinion in that it appears that KPMG was fired for not accepting the Audit committee's findings in regards to the investigation that KPMG required them to make into this SEC inquiry situation. Here is how they put it.
"Prior to its dismissal, KPMG informed the Company that it could not complete its quarterly review of the interim financial statements of the Company contained in the Company's Quarterly Report on Form 10-QSB for the quarterly period ended September 30, 2003 or audit the Company's financial statements for its fiscal year ending December 31, 2003 until such time as the Company's Audit Committee had completed the investigation referred to in such report, the same was reviewed by KPMG, and KPMG was satisfied that, in its opinion, an adequate investigation was conducted and appropriate conclusions were reached and actions taken. As of the date of KPMG's dismissal, KPMG had advised the Company that in KPMG's opinion these conditions had not yet been satisfied. At the time of KPMG's dismissal, the Audit Committee had completed its investigation, had reported the results of its investigation and associated recommendations to the Board of Directors, and the Board of Directors had approved such recommendations. In addition, at such time counsel for the Audit Committee had commenced to provide information to KPMG concerning the investigation conducted, the conclusions reached and the actions taken by the Company."
We recommend anyone holding shares or contemplating investing in this company, take the time to read the Form 8K in its entirety. This is not just a simple matter of changing accountants.
Calypte 10Q filed Nov 14
PLEASE, IF YOU HAVE AN EQUITY POSITION IN CALYPTE, OR HAVE AN INTEREST IN ESTABLISHING ONE, BE IT LONG OR SHORT, PLEASE CLICK ON THE LINK DIRECTLY ABOVE AND READ THOROUGHLY SO YOU CAN MAKE AN INFORMED DECISION.
PLEASE LOOK FOR NUMEROUS TOXIC FUNDINGS IN "(5) Notes and Debentures Payable" UNDER "NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS"
NOTE: 2 December 2003 - Earvin Johnson appeared alone and with Tony Cataldo on various network and cable news programs on December 1 and discussed the global AIDS problem. Mr. Johnson did acknowledge that he was "associated" with Calypte but, to the best of our knowledge, neither he nor Tony stated outright that he was a director of the company. (We were not able to view each appearance so we invite documentation of this if we are inaccurate.) The subsequent press release issued by the company yesterday also failed to confirm that Johnson was a director. The carefully worded press release referred to Cataldo two out of three times as "Chairman Cataldo" but most notably failed to add the word "Director" to Johnson's name. The press release referred to the pair as "Chairman Tony Cataldo and "Magic" Ervin Johnson". Given the controversy surrounding the exact status of Johnson with the company, we find this omission quite interesting. Consequently, none of our questions have been answered to date. Those are
1. Is Johnson a director of the company?
2. Is Calypte current in its contract with him?
3. If the answer to both the above are yes, where is the filing required by Johnson to disclose the receipt of the 2,000,000 shares?
An additional question is this. How many "appearances" were credited to Johnson for his appearances on December 1?
NOTE 12 NOVEMBER 2003: We have discovered what we consider to be more material violations of SEC regulations and have filed an addendum to our original complaint with the SEC. What follows is a summary of what we discovered.
W.H.O. IS NOT TESTING ANYTHING - NO RULING PENDING.
Tony Cataldo made some pretty bold claims to kick off this stock promotion in August 2003. Here is part of what he claimed.
Calypte "has reached an agreement with WHO that additional evaluation of the Calypte HIV-1 Urine EIA screening tests and its Cambridge Biotech Urine Western Blot supplemental test is not required. In light of the successful results achieved in Phase 1 trials and the significant costs, and resources that would be required to implement Phase 2 trials, the WHO has agreed to formulate an opinion on the urine algorithm that takes into account the results of its already conducted Phase I evaluation as well as accumulated data from other trials and evaluations performed around the world.
Calypte has agreed to compile a dossier of data related to other trials from around the world and provide it to WHO for its critical review. Pending WHO's favorable review, the Company expects WHO to issue an opinion on the urine EIA / Western Blot algorithm that acknowledges its utility in those settings where appropriate laboratory facilities and personnel are available. "This agreement is an important step in bringing the lengthy WHO evaluation process to closure."
Well, we just received an email from Christina McNab from the Director General's office at the WHO, (World Health Organization) and this is what she had to say about Calypte and their tests.
"The Pan American Health Organization (which also acts as WHO's Regional Office for the Americas) procured Calypte's standard (FDA registered) HTLV-1 and HIV-1 Western Blot tests in 2001.
In 2002, WHO/HQ evaluated Calypte's standard FDA approved Elisa and Western Blot urine tests, and concluded that these tests are acceptable in principle for surveillance purposes, but not for diagnosis; and that as such, these tests do not constitute a focus for procurement by WHO.
Calypte recently contacted WHO/HQ about the company's simple rapid urine test. WHO said - as it would with respect to any manufacturer - that it will evaluate the product when the product has finished being developed. As this has not occurred yet, such tests have not yet been undertaken. Any purchases by WHO or the UN system of the product would normally be dependent upon a successful outcome of the evaluation. It is thus premature to say whether or not WHO or any other agency would be interested in buying the product until after the evaluation has been completed." ACTUAL W.H.O. EMAIL
This note seems to fly in the face of what Tony was claiming about Calypte's relationship with the WHO. We want to direct you to pay special attention to the underlined portion of her letter. As far as the WHO is concerned, they completed their tests of Calypte's existing product, decided they were acceptable in PRINCIPAL for SURVEILLANCE PURPOSES BUT NOT FOR DIAGNOSIS and that was that. No interest in purchasing, case closed. Apparently, those of you who are waiting for W.H.O. approval on something had better get comfortable because according to the Inspector General's Office, there is no approval pending, no opinion under consideration. All reviews are complete, all opinions and rulings already issued and the ball appears to be squarely in Calypte's court. Until they give the W.H.O. something else, they won't be spending any time on it. That is how we read it, if anyone can offer a different analysis of this email, please let us know.
Now, everyone knows (or should know) that Calypte's urine test is not approved for screening blood donors. In that regard, it is only indicated for pre-screening even according to Calypte. (this is not to disparage pre-screening, as it can play a part in the war on AIDS too). We are attempting to determine what the difference is between "pre-screening" and "surveillance" and will let you know if and when we find out. All in all, we find that both the content and context of Calypte's announcement and the letter from the W.H.O. to be materially different and feel it was another attempt to take a piece of information and twist it around into something completely different.
ACTUAL W.H.O. REPORT FROM JANUARY 2002 (NOTE, THESE ARE THE RESULTS FROM THE URINE TESTS)
W.H.O Test Kit procurement program
W.H.O. Quote "these tests [Calypte's standard FDA approved Elisa and Western Blot urine tests] do not constitute a focus for procurement by W.H.O."
14 November 2003 - Calypte's Form 10Q contains representations which appear to continue to contradict the W.H.O. email. In order to clear this up, we have once again written the W.H.O regarding these specific allegations and asked for clarification. We will advise if/when we receive a response.
NO MALAYSIAN GOVERNMENT APPROVAL
Other examples of this same twisting can be found in Calypte's claim that their tests have been approved by the government for sale in Malaysia. It is true that Calypte products can be distributed in Malaysia. In fact, according to our sources, they are available for retail purchase on Malaysian websites, something that is not within the scope of the FDA approval which requires laboratory use only. Still, it is not true that the Ministry of Health in Malaysia approved the tests. According to Azlina Ismail from the National Pharmaceutical Control Bureau at the Ministry of Health in Malaysia in response to our inquiry regarding Calypte's tests “Calypte's urine based HIV-1 test kits appear to be under the category of medical devices. Medical devices are currently not regulated by the Ministry of Health Malaysia at this time.”
This certainly isn't the biggest lie around but misstatements have a way of adding up after a while and.... speaking of misstatements, here is yet another we discovered.
NO DEAL WITH BOTSWANA
Calypte has been repeating statements like this one "Recently, Calypte announced that it had received orders from Botswana and China and had initiated testing in Tanzania, Rwanda, Burundi, and Botswana." and that Calypte “said Wednesday it initiated testing in Tanzania, Rwanda, Burundi and Botswana, adding to its portfolio of deals with African countries.”
We have told you how difficult it is to communicate with Africa but persistence has paid off and an email has been received from Theresa Bokete, the spokesperson for the Department of Technical Support Services at the Ministry of Health for Botswana. In response to an inquiry regarding the existence of an agreement regarding the testing of Calypte's HIV screening products she replied in very simple terms. “No, we have not reached any agreement with the company in question.”
Pretty much clears up any confusion that might have existed on that one.
SAFE BLOOD FOR AFRICA STIFFED BY CALYPTE
On December 13, 2002, Calypte proudly announced that "Calypte Biomedical Corporation, the developer and marketer of the only two FDA-approved HIV-1 antibody tests that can be used on urine samples, announced today that it has executed a Memorandum of Understanding (MOU) with the Safe Blood for Africa Foundation, giving exclusive rights to market and distribute Calypte's urine-based HIV-1 antibody tests in sub-Saharan Africa as a blood donor pre-screening tool. Non-exclusive rights to distribute Calypte's Serum Western Blot tests are also included in the MOU. Provided certain milestones are achieved, it is anticipated that the MOU will become a formal distribution agreement in three months, at which time the agreement will automatically become a ten-year distribution contract. Calypte will donate the first 125,000 Urine EIA tests and train SBFA personnel during the initial three-month MOU period."
Then on April 24, 2003, Cataldo went on to proclaim in a press release announcing the quarterly results, “In addition to our growing presence in China and in Africa, where we began evaluation shipments to Safe Blood for Africa, we announced during the quarter that we had established" blah blah blah blah blah blah blah
http://www.secinfo.com/d14D5a.21Rq.d.htm#1stPage
So, here is an update from Jeff Busch, President of Safe Blood for Africa. He is currently in Africa working on bringing safe blood to the African nation but took time out to respond to an email request for information about SBFA's relationship with Calypte. Busch said "We were promised test kits by them that we never received. Our agreement was in good faith. I am in Africa now working on this charity to save lives. I never got any options, stock money or any personal benefit from them. No board member has any relationship with them. They never delivered what they promised and we have not heard from them in a very long time."
So, did Calypte ship any test kits to SBFA? From this it is hard to tell for absolute certain. Did Calypte keep up its end of the bargain as far as SBFA is concerned, absolutely not!
It's a bloody shame that this is the kind of commitment against AIDS and to good business practices Calypte is demonstrating. We have not included this in our complaint because we don't think this rises to the level of a 10b-5 violation (after all, they never said they intended to keep their agreement) but it sure sucks when you make an agreement and promise an organization like Safe Blood for Africa 125,000 free test kits plus training to further this fight against AIDS you say you are so committed to fighting, use this agreement to promote your stock, then blow them off the way Calypte did SBFA. This one rates a big SHAME ON YOU TONY!
JUST WHEN WE THOUGHT IT COULDN'T GET ANY WORSE!
What kind of people put deals together with charities simply to pump stock?
From the Calypte Press release dated December 13, 2002
"The MOU with the Safe Blood for Africa Foundation was
coordinated with Calypte by Global Business Partners.
According to Rick Langley, president of Global
Business Partners, "This is an exciting opportunity to
work with a product of such universal demand.
Calypte's HIV-1 tests can help save thousands of lives
by identifying blood donors who have been exposed to
HIV while saving valuable healthcare resources for
African countries."
Rick Langley rap sheet.
During the last five years, Richard H. Langley, Jr. pled guilty to one count of conspiracy to commit wire fraud in connection with a plea bargain. During the last five years, RHL Management, Inc. has not been a party to a civil proceeding of a judicial or administrative body of competent jurisdiction and as a result of such proceeding been subject to a judgment, decree or final order enjoining future violations of, or prohibiting or mandating activities subject to, federal or state securities law or finding any violation with respect to such law.
In connection with a public administrative proceeding on October 10, 1996, instituted against Richard H. Langley Jr. and Gerald Larder, on October 10, 2000, the Securities and Exchange Commission accepted Offers of Settlement whereby the Commission ordered: (i) sanctions imposed and issued cease-and-desist orders against the respondents from committing and causing any violations and any future violations of Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act; (ii) respondents barred from participation in penny stock offerings; and (iii) disgorgement in the amount of $2,224.55,plus interest. SEC DOCS
All we can say at this point is, what did you expect?
MAGIC JOHNSON STATUS UNCLEAR AND DISCLOSURE PROBLEMS ALL OVER THE PLACE
Finally, a little more on the Earvin Magic Johnson situation. We have included some allegations about how Cataldo and Calypte handled the disclosure of the Junebug Enterprises consulting deal in the addendum to our complaint to the SEC because there are several very serious issues with it.
First, announcing that Earvin had agreed to serve on the board and making it sound like a totally selfless thing he was doing out of some sort of altruistic commitment to curing AIDS while not disclosing the fact that Earvin had squeezed the company for $1 Million in cash per year for three years plus 6,000,000 shares of stock valued at $5,400,000 on the day of the agreement, is totally wrong and, in our opinion, a very serious 10b-5 violation. The fact that they also didn't disclose it in SEC filing after SEC filing constitutes, in our humble opinion, a serious violation of Section 13a of the Securities Act of 1933. Filing it with the August 14th 10Q as an attachment without even a mention of it in the accompanying 10Q despite the fact that Earvin joining the board is mentioned is downright sneaky and may also constitute a violation. However, we're not clear on SEC regulations about being sneaky. Either way, we think the SEC will have a compliance issue with it and we sure have an ethical issue with it.
Hope is fading that Earvin will discover a sense of accountability and come forth and let all of us know if he is or is not on the Calypte Board of Directors and what the heck is up with his contract and where the heck are those filings? We have done all we can to get a response. We now suggest everyone call and/or email Earvin and give him and earful and demand a response. You can call the Magic Johnson Foundation at (888) 624-4205 and you can email Tammy, one of his assistants, at the foundation at tammyw@magicjent.com . Maybe if enough people ask, he will get the idea that shareholders and the public market do expect disclosure and candor from companies, officers and directors, even famous ones.
$25,000,000 BACKLOG? SHOW US!
Finally, we have written Calypte's IR firm as that is the only email address given for inquiries like this and we have asked for some kind of confirmation of this alleged $25 million backlog Tony mentioned in his guidance press release. To date, they have not responded. We suggest you email them as well or call the company at the numbers listed above on this page and demand some answers, including some proof of this supposed "backlog" he said existed. You are the street and this is OUR STREET, NOT THEIRS. YOU HAVE A RIGHT TO KNOW THE TRUTH AND TO GET ANSWERS WHEN YOU ASK THEM SO CALL OR EMAIL THEM TODAY.
NOTE: A SPECIAL "THANK YOU" FOR THE CONTRIBUTIONS OF "LEFTY MALONE" WHO PROVIDED VALUABLE EVIDENCE FOR THIS UPDATE. "LEFTY" IS ANOTHER NON-STOCK TRADING DUE DILIGENCE WATCHDOG WHO FEELS WHAT WE ARE DOING IS IMPORTANT ENOUGH TO LEND A HAND. AND THANKS TO ALL THE OTHER WATCHDOGS OUT THERE WHO ALSO CONTRIBUTED WITH THEIR TIPS AND THEIR EVIDENCE. TAKING BACK OUR STREET IS EVERYBODY'S JOB AND THIS WAS DEFINITELY A TEAM EFFORT.
NOTE 8 November 2003: Our-Street.com received an anonymous, threatening phone call at 16:26 GMT on 7 November 2003. A message was left on our voice mail indicating they were going to come to our offices on Monday to shut us down.
We understand that a standard response for companies we feature is to attack us instead of addressing the complaint but that attacking is usually in the form of bashing posts on message boards, lies issued in press releases and, we imagine, more than a few complaints to the SEC as well. We accept this kind of attack as a hazard of being a public company watchdog. Where we draw the line is when people start threatening us physically.
We have notified the appropriate authorities, including the FBI and are taking other such precautions as we feel necessary until this matter is resolved. Of course Our-Street.com will continue to operate and report. We are publishing the message here in hopes of discouraging whomever from actually carrying through with his threat. We are also asking you, the pubic, to listen to the threat and let us know if you recognize this voice. If you do, please contact us at once. Frankly, we have a pretty good idea whose voice it is based upon a consensus of people we have asked but do not want to disclose our conclusions until we have achieved greater certainty.
THE VOICE MAIL THREAT
NOTE 6 NOVEMBER 2003: We have spent since Monday attempting to get a response from Magic Johnson regarding his contract with Calypte for $1 Million cash per year plus expenses and 6 million shares of stock to determine if he is or is not on the Calypte Board of Directors. We have sent three very polite and respectful faxes and one demand, all without any response from him or his assistant. We feel it is his and the company's responsibility to disclose fully exactly what the status of his affiliation with the company is. This would include full PUBLIC disclosure about the contract for $1 Million in cash per year to Magic plus expenses and stock. Since Magic has chosen to ignore our private request we have written him an open letter.
AN OPEN LETTER TO EARVIN "MAGIC" JOHNSON
OUR RESPECTFUL FAX TO EARVIN
$1,000,000 cash per year?
(even crime fighters need to maintain a sense of humor. That is why many of our feature pages have audio files, in green imbedded here and there. We want to encourage you to use the links we provide to gain information and occasionally to be surprised with a little chuckle)
ONE LAST PIECE OF BUSINESS
Pump artists disguised as IR people
Our-street.com has often said that we support ethical promotions of small companies. We know that the only way for a small company to get noticed is to self promote. There are a number of legitimate companies out there that work very hard for their clients in getting information provided by the clients out to the investing public. They fully and clearly disclose their compensation and never intentionally participate in deception although they are sometimes deceived themselves. These companies fill an important roll in the life of a micro-cap stock.
However, within the industry there are also companies that pretend to be legitimate IR companies when, in fact, they are twisting the facts on their own in hopes of creating a bigger payday for themselves. The case in point with Calypte is ceocast.com, the company that carried the Cataldo interview and provides "updates" in their newsletters. In their newsletter dated 10 November 2003, they wrote an update on CYPT that commented on the developments of the past week this way.
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The AIDS epidemic, particularly in third world countries, is a tragedy the likes of which we have not seen in hundreds of years. To use this global tragedy to manipulate a stock for personal gain is despicable beyond words and we are glad we are around to shed the light of truth on this scam.
One of the most difficult scams to uncover occurs when a company is executing an international scheme. Nothing is more difficult than to attempt to verify overseas agreements and contracts. As a result, our work on this project is not done and will continue until we are able to expose every lie and each bogus contract and agreement. In the interim, we have uncovered enough lies to establish a trend. Virtually everything we have attempted to confirm has turned out to be a lie so far. Accordingly, we feel we can make certain assumptions about those claims which have yet to be validated. We continue to attempt to obtain documentation of the remaining statements and agreements including contact information and we will update this site if and when we are able to obtain these confirmations.
As we said, this report and complaint are a work in progress. There are many more press releases to verify and many more questions to ask and get answered. Our-Street.com will continue to investigate this company and will amend its complaint when additional evidence is compiled and as situations warrant. We invite the public to help us in this investigation. If you have documented evidence regarding additional lies, or materially false and/or misleading statements by Calypte, we welcome them. Simply send them, with as much documentation as possible to report@our-street.com or you can fax them to us at either 425-740-0645 from US phones or +44-207-900-2080 in London.
In this report, we want to look at our allegations to date and we also are going to take a look at Tony Cataldo, the prime mover and shaker behind this scam. First let's look at what we have confirmed so far. Then we will finish with a closer look at Tony.
FORGED DOCUMENTS TOPPED WITH A LIE
On September 16, 2003 Calypte made this grand announcement.
Calypte Biomedical Receives Letter of Intent For $4 Million Purchase Order From World Vision Africa
“Calypte Biomedical Corporation, the developer and marketer of the only two FDA approved HIV-1 antibody tests that can be used on urine samples, as well as an FDA approved serum HIV-1 antibody Western blot supplemental test announced today that it has received a letter from World Vision Africa, one of the largest NGOs (non-government organization) in Africa, outlining an intent to purchase $4 million of Calypte's urine based HIV/AIDS tests. In a letter dated September 16, 2003, Mr. Dida Guyo, Procurement Officer for World Vision's Africa Regional Office in Nairobi, Kenya, stated that World Vision Africa spends over $1 million quarterly on HIV tests and that World Vision Africa commits to change this quarterly purchase of HIV tests from the standard blood tests to Calypte Biomedical's urine based HIV/AIDS test.”
Only things weren't as they seemed. On October 16, 2003 the market got their first glimpse into what was to come when World Vision announced that they never signed a letter of intent to purchase $4 million worth of tests from Calypte.
“September 16 announcement from Calypte Biomedical Corporation reporting that World Vision intends to purchase $4 million worth of its urine-based HIV/AIDS test kits is incorrect. World Vision has no agreement and does not anticipate any agreement with Calypte for purchasing such kits in the future. World Vision has extensive programming to prevent HIV infection as well as care for those affected by AIDS in Africa, Asia and elsewhere. However, it generally relies upon government health agencies to perform HIV tests and does not purchase testing kits independently.”
A letter was allegedly faxed from a World Vision procurement officer in Nairobi, indicating that World Vision had an interest in purchasing $4 million worth of Calypte's kits. Our purchasing officer denies sending the letter and, in fact, would have had no authority to sign such a letter of intent to purchase HIV testing kits from Calypte. He alleges that his signature was forged on WV stationary, while Calypte's agents in Nairobi assert that the WV officer authorized them to issue the letter. We have no conclusive proof, but based on our review we believe that our employee's denial of involvement is accurate. There was no consultation with us before Calypte sent out the Sept. 16 press release, which would have made clear that in fact World Vision never had any intent of purchasing testing kits (which Calypte conceded soon after we contacted them). In fact, World Vision does not routinely do HIV testing as part of its work. We therefore issued our own release to correct the matter.
I don't anticipate anything to add at this point.
Regards,
John A. McCoy
Media Relations Manager
World Vision International
The first question that comes to mind is who instructed Calypte's agents to forge the letter and fax it to Calypte? Was it Tony .... was it Jay?
More is learned from additional comments by John McCoy in a previous letter to Our-Street.com. Here John's comments of October 17th on how Calypte reacted once he informed them of the situation and demanded a correction. Keep in mind as you read this, the overwhelming requirement that Calypte has to the market and its shareholders is disclosure. We think this is self explanatory.
"There was no consultation with us before Calypte sent out the Sept. 16 press release. If Calypte had bothered to talk with us, we would have told them that such a purchase was highly unlikely. Calypte soon conceded that, in fact, World Vision had no intent to purchase testing kits. In fact, World Vision does not routinely do HIV testing as part of its work.
We asked for a correction. Calypte dragged its feet, asking that a clarification be part of another release on authorization of its kits in Kenya. Language that was presented to us to correct this error was unsatisfactory. Hence we issued our own release yesterday."
On October 1, 2003, Calypte published the following statement.
"Calypte Biomedical Corporation announced their participation in a new initiative with the AIDS Action Council to accelerate the accessibility of rapid HIV testing in Africa. The initiative will begin with a five-country tour of Africa -- Tanzania, Kenya, South Africa, Nigeria and Zimbabwe -- to examine the clinical utility of HIV rapid testing and to obtain data on current epidemiological trends in rural regions. Calypte Biomedical will be accompanied in Africa by senior federal legislators, leading activists, and public health officials.
HIV infection is a worldwide epidemic, creating an urgent need for increased identification and counseling of people infected with HIV. Without a vaccine against HIV and with the high cost of treatment, prevention of HIV transmission through testing and education is currently the most effective way to contain the disease. "We have no time to lose in Africa when it comes to accelerating early diagnosis of HIV infection," said Marsha Martin, Executive Director of the AIDS Action Council. "The fate of entire countries may very well be determined by the rate at which we obtain the support necessary to effectively introduce HIV rapid testing in Africa."
Our-Street.com contacted Marsha Martin, executive Director of AIDS Action Council to confirm the accuracy of this statement and this is her reply.
"We have sat down and talked with Calypte and their team has been to visit AIDS action a couple of times. They are here in and out of Washington a lot. We are currently not engaged in a five country tour of Africa and we have not designed a plan to attend any countries with them nor with any federal legislators, leading activists or public health officials.
I did recently return from a three country tour to South Africa, Botswana and Uganda as part of a fact finding trip.
One of our policy statements here at AIDS Action is very much about supporting anything that will help make certain that we get the most information to the people that need to get it. We want to make sure that if we have new technologies, that we can get them out to the market place however we don’t endorse any product over any other product. "
There can be no doubt that Calypte's statement is a complete lie. This kind of behavior is completely unacceptable and we believe swift action is called for.
When it comes to telling lies, one of the stupidest things you can do is tell a lie that is contradicted in your SEC filings. Of course, if you have so little regard for the suckers.... er.. investors, you are targeting that you think none of them will ever visit EDGAR to read the filings, then at least you should be aware by now that Our-Street.com and others love to read SEC filings. 10K's beat the heck out of a Barbara Cartland novel any day as far as we are concerned. "He kissed her until she was no longer herself but his, and it was so wonderful that it was impossible to think of anything except that his independent auditors had issued an opinion that raises substantial doubt about his ability to continue his business operations as a going concern." Well, you get the point.
The very next day, following the AIDS Action Council lie, Calypte issued another statement and this one was obviously designed to stimulate confidence in the stock and its value. This is very helpful when you are pumping a stock.
Member of the Marr Group Acquires 5.2 Million Shares Through Open Market Purchase of Stock
Calypte Biomedical Corporation, the developer and marketer of the only two FDA approved HIV-1 antibody tests for use with urine samples, announced today that Marr Technologies Limited had increased its ownership in Calypte Biomedical through the open-market purchase of approximately 5.2 million shares of the company's common stock. Marr had previously invested $12.5 million in the company's stock through a private placement of securities.
"We are confident in Calypte's HIV screening technology," said Marat Safin, President of Marr Technologies Limited. "We believe it will penetrate the global markets. Since the company is already well financed, we have acquired an additional 5.2 million shares in the company in the open market."
All one has to do is refer to the form SC13D that Marr filed with the SEC the day before. Here is what it disclosed.
NOTE NOTE NOTE NOTE NOTE UPDATE UPDATE UPDATE UPDATE
03 NOVEMBER 2003 NOTE: MARR TECHNOLOGY HAS JUST RELEASED A CLARIFICATION OF THEIR STOCK ACQUISITIONS. WHAT WE DISCOVER IS THAT CALYPTE WASN'T TELLING A TOTAL LIE, THERE WAS A GRAIN OF TRUTH IN IT. MARR CLEARS THIS UP BY SAYING BASICALLY ALL THE PURCHASES YOU SEE BELOW WITH THE EXCEPTION OF THE 8,333,333, THE 20,000,000 AND THE 5,181,818 WERE OPEN MARKET PURCHASES. WE HAVE CHECKED THE MARKET PRICES ON THOSE DAYS AND CONCUR. OF COURSE, WE NEVER THOUGHT MARR WAS MISREPRESENTING ANYTHING IN THE 13D ANY WAY. THE PROBLEM HERE IS THAT IN CALPYTE'S PUBLISHED PRESS RELEASE THEY SPECIFICALLY CLAIM THAT "Marr had previously invested $12.5 million in the company's stock through a private placement of securities.
Marr backed this up by saying "Since the company is already well financed, we have acquired an additional 5.2 million shares in the company in the open market."
Both these statements are highly misleading. Still, we were not 100% accurate here and apologize to all concerned.
However we stand by our statement that the press release contained materially false and/or misleading statements and as such is worthy of our complaint. BIG DIFFERENCE BETWEEN WHAT YOU SAID TONY AND WHAT HAPPENED!
END END END END END END END
Here are the shares that Marr disclosed to having purchased as of
October 1, 2003
Date Number of Shares Price Per Share
---- ---------------- ---------------
7/29/03 8,333,333 $0.30
8/14/03 800,000 $0.1506 open market
8/15/03 800,000 $0.1414 open market
8/17/03 1,300,000 $0.145 open market
8/21/03 1,200,000 $0.1502 open market
8/28/03 20,000,000 $0.50
9/01/03 5,181,818 $0.11
9/01/03 50,000 $0.5585 open market
Such shares were purchased in a combination of privately
negotiated transactions and open market transactions
effected on the Over the Counter Bulletin Board.
The shares acquired on September 1, 2003 were the result of
conversion to common stock of a convertible debenture dated
September 1, 2003.
THE TIMING OF THE OPEN MARKET PURCHASES ARE CRITICAL TO THE
SUBSTANCE AND MEANING OF THE PRESS RELEASE. MARR DID NOT
PURCHASE THE MAJORITY OF THESE OPEN MARKET SHARES FOLLOWING
THEIR FUNDING, THEY PURCHASED THEM BEFORE AND PRIOR TO THE
AGGRESSIVE PROMOTIONS.
IN OUR OPINION, THESE LIES COMBINED CONSTITUTE FRAUD!
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Let's take a closer look at Tony Cataldo shall we? This isn't Tony's first public stock play. He was a control person in Senetek until 2000 when he suddenly disappeared from the Board. This timing was coincidental to when another company Tony was running, 1st Miracle Entertainment disclosed that an investigation by the SEC was underway. Interestingly enough, the SEC was only part of the problems Tony created with 1st Miracle. It seems that his auditor caught Tony issuing unregistered shares without putting the restrictive legend on them, a serious violation of SEC regulations. This was serious enough that the auditor quit and turned Tony and the company into the SEC.
"Specifically, we learned in the course of our audit that management had issued shares of its common stock to investors in the US and Canada, without state or federal registration, without placing any restrictive legends on the stock certificates and to our knowledge without sufficient supporting documentation such as disclosure documents and subscriber information."
naja gebe mal lieber den Übersetzer mit rein http://world.altavista.com/
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Ist wohl nur'n Zufall, aber auffällig ist das schon. Na ja mir soll's Recht sein. Werde das mal weiter verfolgen und nur noch in die Aktien investieren, die Kicky mit Negativkommentaren belegt ;-).
Grüße, ZN