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Biotech / Medical : GMXX - GENEMAX CORP -- Ignore unavailable to you. Want to Upgrade?


To: afrayem onigwecher who wrote (931)12/29/2004 10:46:57 AM
From: StockDung  Respond to of 978
 
.IN THE MONEY: GeneMax Naked-Short Suits Dismissed

28 December 2004
17:42
Dow Jones News Service
English
(c) 2004 Dow Jones & Company, Inc.

By Carol S. Remond
A Dow Jones Newswires Column

NEW YORK (Dow Jones)--Two more lawsuits alleging illegal short selling
by brokerage firms have been dismissed without much fanfare.

Biotech company GeneMax Corp. (GMXX) was at the forefront of companies
protesting what they said were unfair attacks by short sellers in late
2002. Back then and through much of 2003, GeneMax and its then-marketing
firm Investor Communications International, or ICI, led a campaign
against naked short selling, or short selling without first borrowing
securities to make delivery.

As part of its campaign, GeneMax filed lawsuits in Canada and in the
U.S. to try to prevent brokerage firms from engaging in naked short
selling.

GeneMax filed a lawsuit against Canadian brokerage firms Global
Securities Corp. and Union Securities Corp. in September 2002 in the
Supreme Court of British Columbia. The company alleged that the
brokerages engaged in illegal short selling to manipulate the price of
its shares.

A court order obtained by Dow Jones Newswires shows that suit was
dismissed on Dec. 16. A countersuit filed by Global Securities and Union
Securities was also dismissed.

GeneMax had widened its legal fight with the brokers to U.S. courts in
October 2002 when it filed suit against 11 brokerage firms in the U.S.
District Court for the District of Nevada. That suit was dismissed. But
the company filed another suit in November 2003 that mirrored much of
the illegal short selling allegations it made in its first Nevada suit,
including fraud and racketeering. The original suit named Knight Trading
Group Inc. (NITE), Charles Schwab Corp. (SCH) and nine others and seeks
injunctions to prevent the firms from shorting GeneMax shares and
unspecified damages.

Court documents show that the 2003 Nevada suit was dismissed on Nov. 9.

GeneMax's shares, which topped $20 a share in late 2002, are now trading
at a mere 24.5 cents in very thin trading.

GeneMax's President and Chief Executive Ronald Hanford wasn't
immediately available to comment.

GeneMax was the subject of three "In The Money" columns in 2002 and
2003. Those columns questioned whether insiders would benefit most from
limits on short selling and GeneMax's connection to consultant ICI.
GeneMax terminated its agreement with ICI in late 2003.

In a short sale, a security not owned by the seller is sold in
anticipation of a decrease in the stock's price. In the U.S., NASD
requires that before they engage in short sales for themselves or
clients, firms make an affirmative determination that they can borrow a
security or will be able to provide it for delivery on demand. Market
makers are exempt from the affirmative determination rule when engaged
in "bona fide market making activity" because they provide needed
liquidity to the market. Earlier this year, NASD tightened its
affirmative determination rule, making it harder for Canadian brokerages
to take advantage of the fact that no borrowing requirement exists in
that country.

In September, another suit alleging naked short selling was dismissed
after Jag Media Holdings Inc. (JAGH), which also led the charge against
naked short selling in the U.S., failed to make its case.

Jag Media and Gary Valinoti, the company's former chief executive, sued
more than 100 brokerage firms, investment firms and financial
institutions in July 2002, alleging that they entered into a civil
conspiracy and concert of action to short sell Jag Media's stock. In the
suit, originally filed in the Judicial District Court, Harris county in
Texas and later removed to the U.S. District Court for the Southern
District of Texas, Houston Division, Jag Media alleged that the
financial institutions committed market manipulation and fraud and
violated securities laws.

That case was dismissed by U.S. District Judge Vanessa Gilmore after she
found multiple deficiencies in Jag Media's third amended complaint.
Gilmore found that Jag Media didn't have a viable claim against those
defendants.

(Carol S. Remond is an award-winning columnist and one of four who write
the "In The Money" feature. Most recently, she shared a 2003 Best of
Business Award from the Society of American Business Editors and Writers
for her role in Dow Jones' team coverage of the Canary Capital mutual
fund trading scandal.)

-By Carol S. Remond; Dow Jones Newswires; 201 938 2074;
carol.remond@dowjones.com [ 12-28-04 1742ET ]

70768



To: afrayem onigwecher who wrote (931)12/29/2004 11:37:31 AM
From: StockDung  Respond to of 978
 
DAVIDSON CLAIMS SEC LEAKED INFO TO CAROL REMOND. LOL

"In this respect, it is suggestive that the SEC apparently leaked its complaint about Agora to Remond, who cooperated by writing a story trumpeting the SEC's effort to discredit me and these good companies."

Dear Vantage Point Investor,

You may be as startled and upset as I am by the sudden collapse in the price of GeneMax (GMXX), which has tumbled in the last nine trading days. The question is, why? I can't pretend that I fully understand the answer. But I have a disturbing guess. It appears that the naked short-sellers who have counterfeited millions of GeneMax shares in an attempt to destroy the company have enlisted powerful help.

In theory, the Securities and Exchange Commission is a regulatory body charged with maintaining the integrity of public securities markets in the United States. In reality, the SEC is like any other government agency. It responds to powerful entrenched interests. It abhors bad publicity, rewards its friends and punishes its critics.

Unhappily, the SEC also lies. I know because the SEC field office in Utah has lied about me. And I suspect that these lies are the culmination of a carefully laid plan to discredit GeneMax and punish the company for raising troublesome issues about naked short selling, which has also embarrassed the SEC.

If you have been a subscriber to Vantage Point for any length of time, you are no doubt aware that I am a critic of "electronic counterfeiting," the process by which some investment banks, market makers and broker-dealers drive down the prices of Nasdaq Bulletin Board companies by selling unlimited quantities of shares they don't own. Since stock prices are determined by supply and demand, allowing unlimited counterfeiting of stock essentially guarantees that the stock becomes worthless.

Of course, a company whose shares are worthless won't last long. It is unable to raise money if its stock is worthless. All too often, such small companies are driven into oblivion by electronic counterfeiting. When we are slogging along with a weak economy, I consider it almost criminal negligence that the government would permit investment banks, market makers and broker-dealers to weaken the economy further by destroying small companies that could otherwise be a major fountain of growth.

Why would the government let this happen? I don't think it is necessarily a Grand Conspiracy with a capital "G." But the bad guys have managed to control most of the news about "electronic counterfeiting." And perversely, they also seem to have the regulators on their side.

I had a painful lesson in this reality at the beginning of this week when I learned to my astonishment that the Utah office of the SEC had tarnished my name by accusing me of failing to disclose an interest in two investments that I recommended in Vantage Point Investment Advisory. Their exact charge is as follows:

"Among the issuers promoted in this manner have been GeneMax Corp. and Endovasc Ltd., Inc. DAVIDSON is an officer, director and, indirectly, a substantial shareholder of these two issuers. Neither the soliciting e-mail nor the subsequent company report discloses DAVIDSON's relationship to the companies."

This is total rubbish. I deny any impropriety. Indeed, the charges are remote from the facts.

As you will know if you subscribed to Vantage Point last summer, I fully disclosed my role as a founder, director and officer of GeneMax when I recommended the company and its promising treatment for cancer. And I also disclosed a special relationship with Endovasc. I am not an officer or director of Endovasc. I have a few shares that I received in exchange for assigning my rights in what could be a valuable patent to the company.

To be sure that I wasn't missing something, I had my attorney review the record. He concluded that my disclosures are complete: "I spent this afternoon reviewing Agora marketing copy for Vantage Point and the newsletters and have verified that the charge that you failed to disclose your personal interest in GeneMax is completely false." Agora will be filing a motion to dismiss the SEC's baseless complaint.

I fail to see how anyone of good faith who reviewed the record could possibly construe it as the SEC apparently has. Although I can't prove it, I have concluded that the SEC, or at least some of its personnel, were more offended by my criticism of electronic counterfeiting than they are by the abuse itself -- which causes you and other investors hundreds of billions in losses. In fact, the costs of electronic counterfeiting are much higher than those entailed in the accounting scandals which have garnered so much attention. Nonetheless, instead of correcting these abuses, the SEC has gone out of its way to rope me into a doubtful complaint that they have developed against another Agora publication -- a product to which I have no connection other than a passive one as a minority shareholder in Agora.

Nor do I take it to be entirely a coincidence that while I have recommended more than 30 investments in Vantage Point over the past 16 months, my reputation is being tarred in respect to just two companies, GeneMax and Endovasc. These two companies have one thing in common, in addition to the fact that both have promising medical innovations that could ease much suffering and save many lives. Both have been at the forefront of legal action to combat the abuse of electronic counterfeiting of their shares. But these efforts have hardly earned them the friends they should. Rather than garnering applause, their efforts to confront the abuse of electronic counterfeiting of their shares has made both companies the focus of negative publicity.

In particular, one writer, Carol S. Remond, undertook to paint a negative picture of both companies, publishing what bordered on outright lies. For some reason known only to others, the SEC appears to have adopted Remond's text in defense of the electronic counterfeiters. In this respect, it is suggestive that the SEC apparently leaked its complaint about Agora to Remond, who cooperated by writing a story trumpeting the SEC's effort to discredit me and these good companies.

I wanted to write to you immediately when I got this startling news to tell you that I will not be cowed by these Machiavellian tactics. I will continue to raise important issues of investor protection that the SEC appears to wish to duck. I do so with faith that the truth will eventually triumph, the evil of electronic counterfeiting will be curtailed, and the integrity of public security markets restored.

Or to put it another way, if powerful people are so keen to discredit my criticism of electronic counterfeiting that they will orchestrate an entirely bogus charge of the kind carried on the wires against me this week, that itself indicates that more light needs to be shed on the shadowy activities they are trying to protect.

But, on to the status of your GeneMax holdings... Absolutely nothing about this company or its exciting immunotherapy development has changed and would warrant this share price decline. In fact, in an independent study commissioned by the company, it was determined that if GeneMax were funded as low as at $1.50 per share, and assuming that its products prove to work as well in humans as they have in animals, the present value of the stock would be $420 per share, notwithstanding dilution. GeneMax remains a fundamentally sound company and a tremendous buying opportunity at these levels. I recommend that you increase your GeneMax shares, as well as those in Endovasc (EVSC.OB). And, may I reiterate, I am a shareholder in both companies.

And, if you are as concerned as I am about electronic counterfeiting and its effects on the dynamic young companies that must fuel our country's future growth (as well as your portfolio), I urge you to write your congressman. You can also register your concern with the National Association Against Naked Short Selling (http://www.nakedshortselling.com),, which is taking up the fight for companies and investors alike.

Sincerely,

James DAVIDSON