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Asensio & Company, Inc. Announces Investment Opinion: MGAM Misrepresents DOJ Appeals.


Business Editors

NOTE TO EDITORS: The following is an investment opinion issued

by Asensio & Company, Inc.

NEW YORK--(BUSINESS WIRE)--Dec. 3, 2003

On November 21, 2003 the U.S. Department of Justice ("DOJ (Department Of Justice) The legal arm of the U.S. government that represents the public interest of the United States. It is headed by the Attorney General. ") filed two appeals before the U.S. Supreme Court ("Court").

On November 24, 2003 Clifton E. Lind, President and Chief Executive Officer of Multimedia Games, Inc. (NASDAQ NASDAQ
 in full National Association of Securities Dealers Automated Quotations

U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on
: MGAM MGAM Multimedia Games , $39.53) commented on the potential negative impact of the DOJ's appeals stating that "the first hurdle is for the Court to decide if they're going to grant the Writ of Certiorari Noun 1. writ of certiorari - a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
certiorari

judicial writ, writ - (law) a legal document issued by a court or judicial officer
. I am told that there are over 8,000 cases filed annually, and the Court normally takes 70 to 80 to 90 - on a good year, slightly more than 100." Prudential Equity Group and CIBC CIBC Canadian Imperial Bank of Commerce
CIBC Centres Interinstitutionnels de Bilan de Compétences
CIBC Commonwealth Institute of Biological Control (Trinidad)
CIBC Commercial International Brokerage Company
 reiterated Mr. Lind's statements in their research notes. The facts are that the Supreme Court has granted the majority of the appeals filed by the DOJ in the last two terms. The DOJ filed just 23 appeals in both 2001 and 2002. In 2002 the Court granted 13 of the DOJ's appeals, or 57%. In 2001 the Court granted 14 of the DOJ's appeals, or 61%.

Yesterday afternoon Multimedia stated that in the appeals, "the DOJ asserts that the Johnson Act The Johnson Act of 1934 (Foreign Securities Act, ch. 112, 48 Stat. 574, , 1934-04-13) prohibited foreign nations in default from marketing their bond issues in the United States.  prohibits Native American tribes from operating certain electronic gaming devices without a compact . . . the DOJ's arguments and reasoning would appear to encompass the machines offered by (Multimedia) for the Class II market. As a result, if the U.S. Supreme Court were to grant certiorari certiorari

In law, a writ issued by a superior court for the reexamination of an action of a lower court. The writ of certiorari was originally a writ from England's Court of Queen's (King's) Bench to the judges of an inferior court; it was later expanded to include writs
 and adopt the arguments advanced by the DOJ, the play of most of (Multimedia's) current products without a compact would likely be prohibited by the Johnson Act. This result would almost certainly have a significant, material adverse impact on (Multimedia's) business and operating results."

Multimedia faces other serious regulatory and competitive risks. Multimedia's most recent earnings report showed a marked deterioration of its operating results and financial condition despite its election to account for a significant amount of its costs as assets and not expenses and its continued use of non-class II designated gaming machines. This deterioration occurred even before Alliance Gaming Corp. (NYSE NYSE

See: New York Stock Exchange
:AGI (Artificial General Intelligence) A machine intelligence that resembles that of a human being. Considered impossible by many, most artificial intelligence (AI) research, projects and products deal with specific applications such as industrial robots, playing chess, , $26.64) and International Game Technology (NYSE: IGT IGT impaired glucose tolerance. , $34.86) entered Multimedia's very small market niche.

On October 02, 2003 Asensio & Company, Inc. initiated coverage of Multimedia Games, Inc. with a Strong Sell and Short Sell opinion. A summary of the basis of our opinion is found in the last paragraph of that report published on www.asensio.com. All of our reports are covered by the terms and conditions of the mandatory user agreement

located http://www.asensio.com/TermsOfUse.aspx. The statements below are a part of the user agreement whose entirety is incorporated herein by reference. These statements, and all of the statements contained in the mandatory user agreement, are intended to strictly limit our potential liability to you and your possible legal rights to the fullest extent of the law. Readers are advised to carefully read the entirety of the mandatory user agreement and strictly adhere to the directions given therein.

INVESTMENTS IN SECURITIES, COMMODITIES OR FUTURES HAVE INHERENT RISK, AND A PERSON TAKES SUCH RISKS KNOWINGLY AND BEARS FULL RESPONSIBILITY FOR HIS/HER OWN INVESTMENT RESEARCH AND DECISIONS. Use of this site is at your own risk. None of the information contained herein should be construed as an offer to sell or a solicitation of an offer to buy any securities. In cases where there exists controversy concerning a company's disclosures, investors should not sell or buy their shares based on the theory that markets price securities efficiently. Furthermore, investors should not rely on the market to substitute for their own individual due diligence Research; analysis; your homework. This term has caught on in all industries, because it sounds so "wired." Who would want to do analysis or research when they can do due diligence. See wired.  and deliberate decision making.

All of the information provided by Asensio & Company, Inc. at asensio.com must be taken as a whole and in its entirety. All of the statements on asensio.com involve, concern and are directed at public issues and public controversies of interest to the public at large. asensio.com contains no statements of fact. All of the statements published by asensio.com constitute written opinions and are not provided to assist any individual or entity in making any investment decision.
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No portion of this article can be reproduced without the express written permission from the copyright holder.
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Publication:Business Wire
Geographic Code:1USA
Date:Dec 3, 2003
Words:703
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