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Patriot Scientific > Message
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Selective disclosure of info is illlegal. I doubt insider had done that.

Posted by: DDiligen on May 27, 2008 11:38AM

In response to: Re: Re Ron's lengthy post..... by billwilke

"In this same letter Goerner speaks of personal contacts with some shareholders and I believe he has stated in those contacts that there is no more money coming from the Js. Since that is a clarification of the publicly stated statement, it is neither a violation of the NDA nor disclosure of insider information."

"I believe .... there is no more money coming from the Js." It one thing to state what one believes. It is another to equate what one believes to be what really happened. In this case, there is no evidence there from any insider who actually disclosed that "there is no more money coming from the Js". The old SR said that without saying where he got that info ("total license revenues of the Js WERE accounted for") from.

Does the right of having "personal contacts" of shareholders equal to the right of selective disclosure of information to certain shareholders but exclude all other shareholders? The answer is no. It is illlegal to disclose important information to selective shareholders. I seriously doubt any insider had done that.

"Since that is a clarification of the publicly stated statement, it is neither a violation of the NDA nor disclosure of insider information."

If Mr. Goerner felt the need to make clarification of a publicly stated statement, why would he disclose it in public communication through sec filing or letter to shareholders? Do all of us want to know that "no more money will be coming from J3"? Do all of us need this clarification since 12/18, instead of making (forced to make) speculations (theories) on YES, NO or maybe on some contingencies? Why just tell someone in Yahoo board but not us on Agora board? (Agora owner may also be pissed off by Mr. Goerner if all what was said on Yahoo is true! lol, since it is Agora the official forum for PTSC shareholders.)

Someone said that that post has the potential to open a can of worms for PTSC/TPL regarding the NDA; I'll say that if the information is true, that will open a can of law suits against PTSC management by those who deserve to get a clarification publicly, but instead, got a unofficial clarification from Yahoo board five months later, after the share price plunge more than 50%, and after some shareholders (either one shareholder or group of shareholders) who got the clarification earlier than the rest of shareholders possibly dumped their shares upon knowing such clarification.

I wonder any insider would do such a thing to harm PTSC (unless he/she enjoy hurting oneself by depressing the stock price of one's holding).

This is not the first time we see someone make annouciement of knowing insider information.

On January 16, 2008 08:57PM, the same poster had the following post on Agora -

"One of my sources close to PTSC advised me this evening that every effort is being made to release at least some kind of information within a week from today. I want to emphasize that this was not represented as being a promise, but rather as a "we're doing our best" kind of thing.

Before you ask, I was not told the subject matter of whatever might be released, but I did get the idea that both the Company and Mr. Turley are aware of the anxiety here on the outside, and that they are making a good faith effort. I am sure it must be difficult to construct a meaningful release under the constraints of a confidentiality clause [of course, I offered my services, but "no go" on that one --- :):):)]."

On January 29, 2008, The Executive Committee, Board of Directors issued a letter to shareholders, not "within a week from today" (January 16, 2008). I had the following post about this at that time -

http://www.agoracom.com/ir/patriot/m...

The January 16th incidence went by without a investigation from management where JT was the CEO. That may have contributed the second occurring on Yahoo board. I think PTSC management should take this seriously and do something to punish anyone involved so that no one will do this again.

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