Wenn da nur ein Hauch Wahrheit dran ist, geht's wieder auf 0,10 Euro-cent.
Calypte Biomedical Corporation
OTC- BULLETIN BOARD SYMBOL CYPT
Corporate Headquarters:
1265 HARBOR BAY PARKWAY
ALAMEDA CA 94502
877-CALYPTE (225-9783)
tclemensen@rubensteinir.com
The Ones Responsible
Officers and Directors and Significant Players
Anthony J. Cataldo
Jay Oyakawa
SEC FILINGS
Some Basic Facts - as of June 30, 2003 10Q Filed 14 August 2003
Shares outstanding 1 September 2003 - 83,298,301
Total Assets June 30, 2003 - $6,046,000
Total Liabilities - $14,561,000
Revenues for 6 months ending 6/30/03- $1,533,000
Total Net Loss for 6 months ended 6/30/03 - $14,265,000
Accumulated Deficit - $115,717,000
Stock price when report was published $1.65
Market capitalization $137,442,197
Date Complaint Filed: November 2, 2003
Filed with: SEC
Known actions to date - None
THE SEC COMPLAINT
SUMMARY
BELOW IS A SUMMARY REPORT. TO READ THE ACTUAL COMPLAINT CLICK ON IT.
There are any number of ways to bilk the investing public out of their money and some are more disgusting than others. Those of you who read our report on Kingdom Ventures, Inc. know that we consider people who rip off investors in the name of religion about the lowest of the low. Another group that comes close to that are people who use human tragedy as a way of bilking the public. Calypte Biomedical Corporation is a company that appears to be the current poster child in that category.
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. Let's take a closer look at exactly what happened. Here is a letter from John McCoy, the Media Relations Manager at World Vision.
From: "John McCoy"
Subject: Re: Calypte Biomedical
Date: Tue, 28 Oct 2003 16:55:25 -0800
To: "Nick Tracy"
Dear Nick Tracy,
Below is our official comment on the alleged letter of intent. I should point out that, following our internal inquiry, the procurement officer continues to be employed by WV in Nairobi.
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 or 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."
In our opinion, this is not the response of a person or company that has any intention of being forthcoming with the public and we are glad to expose Mr. Cataldo's true nature. A man should be judged by his actions, not his words and Tony's actions here speak volumes. So now let's look at how Tony handled this forgery situation. His first response was to stall so he could bury this material information in another press release. Well, World Vision, an organization that is apparently more concerned with the truth than Calypte, didn't appreciate their feet dragging and moreover didn't like the language that Calypte was trying to use so they published the truth. So, how did Calypte respond to the fact that the truth was revealed for all to see? The very next day they issued a press release declaring that Kenya had approved their tests for distribution (what a lucky coincidence) and buried in this press release was the following paragraph.
"Calypte previously announced that they received a Letter of Intent from World Vision outlining a purchase of urine HIV tests. Subsequent to that announcement Calypte has learned that the procurement for AIDS related testing and treatment are required to be routed through government agencies not through humanitarian organizations. As a result the Letter of Intent announced on September 16th has been cancelled. The success of the October 15th meeting with Kenyan's Ministry of Health now allows Calypte to transact the sale of its HIV/AIDS tests directly with the appropriate government agencies of the African Republics."
As you can see, they tried to cover up one lie by telling another. HOW CAN YOU CANCEL AN AGREEMENT THAT DOESN'T EXIST IN THE FIRST PLACE?
MORE ON THIS
WE RECOMMEND AGAINST TRYING TO COVER UP ONE LIE BY TELLING ANOTHER. IT DIDN'T WORK WHEN WE WERE CHILDREN AND IT DOESN'T WORK NOW!
WARNING: THESE LIES ARE BEING TOLD BY PROFESSIONALS IN A CONTROLLED SITUATION. DO NOT TRY THIS AT HOME!
AND NOW FOR SOMETHING COMPLETELY DIFFERENT. BACK TO BACK LIES (BIG ONES TOO)
Obviously, Tony is doing his best in the area of damage control with the exposure of this part of the scam. Now let's see how he deals with something a lot more clear cut. This is an Our-Street.com exclusive
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.
PS: AIDS Action Council is a legitimate organization committed to helping stop AIDS on a global basis. We encourage everyone to check them out.
THE NEXT REALLY STUPID LIE
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.
Here are the shares that Marr claims to have 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
8/15/03 800,000 $0.1414
8/17/03 1,300,000 $0.145
8/21/03 1,200,000 $0.1502
8/28/03 20,000,000 $0.50
9/01/03 5,181,818 $0.11
9/01/03 50,000 $0.5585
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.
COULD THIS LIE BE ANY MORE BLATANT? MARR PURCHASED 5.2 MILLION
SHARES AT A FRACTION OF THE MARKET AND TONY CLAIMED IT WAS
AN OPEN MARKET TRANSACTION. THIS IS FRAUD!
IN OUR OPINION, THESE LIES CONSTITUTE FRAUD!
Those are the lies we have confirmed as of today. As we indicated, we are continuing our investigation until we document all the lies this company and Tony Cataldo have told the market or until the SEC takes the baton from us in which case we will gladly step back and play a supporting role. We are asking for anyone with documented evidence of more SEC violations to send them to the SEC or to us so we can publish them here and compile a follow-up report and complaint.
ANTHONY J. CATALDO - HOLLYWOOD BIG SHOT OR JUST ANOTHER FAST TALKING GRIFTER?
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."
It appears that Tony pretty much runs these companies he gets a hold of with a an arrogant disregard for the law and for truth. We strongly believe it is time for him to be stopped before anymore investors get sucked into his little games.
We also are continuing to research Tony and his previous and current dealings and invite anyone to submit any evidence of wrong doing on his part or on the part of any other principals in this deal.
In the days to come we also will be researching all the offshore entities involved in Calypte and we likewise invite anyone with information in this regard to contact us.
Normally, once we file our complaint and report, we are pretty much done except for the occasional update. This time, don't touch that dial because there is more to come. If you want to know when we update our site on this and other companies we cover why not subscribe today. We have a plan for everyone, even one for free and one of the greatest values going in our Just in Time subscriptions. Check them out and pick which ever one suites you best.
AND WHAT ABOUT THIS MISTAIRE, LLC?
In June 2003 Calypte announced that
"Calypte Biomedical Corporation, the developer and marketer of the only two FDA approved HIV-1 antibody tests for use with urine samples, announced that it has received an initial order from Mistaire LLC for HIV-1 Urine EIA screening tests and Urine HIV-1 Western Blot supplemental tests for use within the United Arab Emirates (UAE). Calypte recently sent representatives to the UAE to undertake demonstrations and training sessions.
In April, Calypte announced its appointment of Mistaire as its exclusive distribution for the six member states of the Gulf Cooperative Council (GCC), which include Saudi Arabia, UAE, Bahrain, Qatar, Kuwait, and Oman. Additional orders from other GCC states are anticipated as the urine HIV tests gain regulatory clearances."
Here is what we know to this point. First, we know the website is new and a complete joke. Actually, it isn't a website, it is a webpage. The name www.mistaire.com was obtained by B.J. Harid in April 2003.
Before forming Mistaire, Harid guided Tristar Corp, a manufacturer of discount perfumes into bankruptcy. Along with a few other insiders and some creditors, Harid purchased all the assets of Tristar out of the bankruptcy and resold them to Inter Parfums, Inc.
B.J.'s associate in the United Arab Emirates is a fellow named Herman Lewis. Based upon our investigation, Herman is or was an employee of City FM, a radio station in Dubai. We are attempting to confirm agreements with the UAE and will advise as more information is developed.
TO BE CONTINUED
As always, we will gladly provide a forum for any documented and verifiable comments by the company and will promptly and sincerely apologize for any errors in our facts. Our commitment is to bring forth the truth and the facts in the matter and we encourage Calypte to produce whatever documents they can to clear up our concerns and the concerns of what we assume are many Calypte shareholders.
Grüße, ZN |
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