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BIFS Technologies Corp Retains Law Firm of Masry and Vititoe to Handle Litigation Against Selected Market Makers.


Business Editors/Legal Writers

SARASOTA, Fla.--(BUSINESS WIRE)--May 2, 2003

BIFS BIFS Binary Format for Scenes
BIFS Built-in Functions (Arithmetic)
BIFS Biotechnology Information for Food Safety
BIFS Backoff Inter-Frame Space
 Technologies Corporation (OTCBB OTCBB

See OTC Bulletin Board (OTCBB).
:BIFT BIFT Bangalore Islamic Foundation Trust (India) ) today announced that it has retained the services of Masry and Vititoe to pursue litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 in behalf of the company against several Market Makers that have actively engaged in the trading of the company's stock throughout the past several years. The suit alleges that certain Broker/Dealers including Phillip Louis Trading, Herzog, Schwab Capital Markets, Hill Thompson Magid, M. H. Meyerson, Fleet Trading and others have engaged in a variety of independent manipulations of the stock during this period, and in some cases acted in collusion, to bring illegal short selling Short Selling

The selling of a security that the seller does not own, or any sale that is completed by the delivery of a security borrowed by the seller. Short sellers assume that they will be able to buy the stock at a lower amount than the price at which they sold short.
 pressure and other forms of manipulation against the stock with the intent to force the price per share to lower levels. According to the complaint, these actions caused significant financial damage to the company and its shareholders and directly inhibited the company's ability to pursue planned business activities. The law firm of Masry and Vititoe (who's actions against PGE PGE Pacific Gas and Electric Company
PGE Portland General Electric
PGE Prostaglandin E
PGE Platinum Group Elements
PGE Pacific Great Eastern (Railroad)
PGE Phenyl Glycidyl Ether
PGE Perfect Girl Evolution
 were chronicled in the movie Erin Brockavich) recently filed the legal action against these market makers in United States District Court for the Middle District of Florida The United States District Court for the Middle District of Florida serves the residents of thirty-five counties from eight courthouses. The counties are: Baker, Bradford, Brevard, Charlotte, Citrus, Clay, Collier, Columbia, De Soto, Duval, Flagler, Glades, Hamilton, Hardee, . Specific allegations contained in the suit included fraud, racketeering Traditionally, obtaining or extorting money illegally or carrying on illegal business activities, usually by Organized Crime . A pattern of illegal activity carried out as part of an enterprise that is owned or controlled by those who are engaged in the illegal activity. , interference with prospective economic advantage, misrepresentation misrepresentation

In law, any false or misleading expression of fact, usually with the intent to deceive or defraud. It most commonly occurs in insurance and real-estate contracts. False advertising may also constitute misrepresentation.
, and alleged violations of Exchange Act sections 9 and 10 and Securities Act section 12(2). The suit was filed in conjunction with an ongoing fifteen-month investigation conducted by the NASD NASD

See: National Association of Securities Dealers


NASD

See National Association of Securities Dealers (NASD).
 Regulation Division into specific allegations made by BIFS Technologies against these Market Makers. The suit will attempt to prove Market Maker culpability culpability (See: culpable)  for a variety of illegal activities by these firms, their parent corporations, and certain individual traders who were employed by these companies.

The suit specifically asserts that Market Makers engaged in naked shorting Naked Shorting

The illegal practice of short selling shares that have not been affirmatively determined to exist. Ordinarily, traders must borrow a stock, or determine that it can be borrowed, before they sell it short.
 of the company's stock and have repeatedly, over the past three years, posted intentional misprints of trades that were well outside the existing market spread at the time of these transactions in order to instigate To incite, stimulate, or induce into action; goad into an unlawful or bad action, such as a crime.

The term instigate is used synonymously with abet, which is the intentional encouragement or aid of another individual in committing a crime.
 panic selling on the part of investors and to force technical weakness in the stock. Also, the suit alleges that certain broker-dealers have been working in collusion with other Market Makers and with individual customers familiar to the brokers to fabricate hundreds of odd lot transactions, which were repeatedly executed at the Bid price with the specific intent to artificially lower the price per share and instigate investor sell offs. The suit further alleges that these Market Makers, in certain cases, artificially widened the Bid/Ask spread and intentionally delayed pending customer trades or failed altogether to execute legitimate trades placed with their firms by investors at prices equal to the posted spread, in order to manipulate the stock price. Additionally, the suit will attempt to prove that certain Market Makers unfairly used confidential trade information submitted to their company by investors to guide the buying and selling activity of the Market Maker's individual trader's personal accounts.

Mr. Gus Bridi, lead attorney for Masry and Vititoe commented on the case by saying: "This case centers around a variety of well documented behaviors by Broker/Dealers that we have been monitoring for the past several years. Many of these behaviors have previously resulted in serious fines and sanctions being imposed by the courts and NASD against Market Makers in similar cases in the past. However, in addition to targeting just the recorded Broker/Dealer manipulation, which has been well documented, this case will involve challenging the legitimacy of the rules and regulations that are imposed by the NASD that govern the trading of stocks by Market Makers for OTCBB and Pinksheet exchanges. It is apparent that Market Makers took unfair advantage of the rules used by the NASD, which are not only inconsistent with the rules this agency imposes to govern the trading of stocks traded on the NYSE NYSE

See: New York Stock Exchange
 and National Nasdaq, but that these inconsistencies, actually created a situation that promoted harmful and damaging activities by Market Makers toward BIFS Technologies and its investors."

Bridi went on to say that "the rules that we plan to challenge in court include such practices as allowing Market Makers to short small cap stocks while showing a down tick (which we assert fosters a chronic short selling mentality among these brokers resulting in significant harm to investors) and also, that by allowing traders who work for Market Makers to trade from their personal accounts as well as their company accounts, the NASD has created a situation where these traders routinely use confidential information submitted by their customers (which indicates at what price these clients are willing to buy or sell stocks) in order to manipulate the market and that these traders unfairly applied this insider information and illegally profited by it's use. We fully expect to win this case in court and the law firm plans to subsequently use it, and other recently decided cases such as the one involving Universal Express, Inc., to establish a precedent for follow-on legal challenges of Market Maker manipulations against other publicly traded companies."

Safe Harbor Statement: The statements contained herein which are not historical are forward looking statements that are subject to risks and uncertainties that could cause actual results to differ materially from those expressed in the forward looking statements, including, but not limited to, the Company's ability to market its products and services and future customer acceptance for these products and services and other risks detailed from time to time in company documents furnished to investors.
COPYRIGHT 2003 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:May 2, 2003
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