MTS International, Inc. - Page 13

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                  We are not convinced by petitioner’s claim that he bought                            
            ZZZZ Best stock in reliance on Minkow’s statements or the                                  
            documents Minkow sent to him.  Although Minkow made fraudulent                             
            misrepresentations about the receivables, petitioner did not rely                          
            on them.  Petitioner had reservations about the receivables and                            
            did not buy them.  Petitioner bought 60,000 shares of ZZZZ Best                            
            stock in early April 1987 because, based on ZZZZ Best’s December                           
            1986 public offering, publicity surrounding Minkow and ZZZZ Best,                          
            and other institutions’ purchases of that stock, he thought it                             
            was a good investment.  He sold that stock for a profit of                                 
            $102,061.06 on April 15, 1987.  Petitioner bought 50,000 shares                            
            of ZZZZ Best stock from June 1 to June 4, 1987, and 20,000 shares                          
            on June 16, 1987, also because he thought it would be a good                               
            investment.                                                                                
                  Petitioner bought all 130,000 shares of ZZZZ Best stock at                           
            issue here before Minkow telefaxed various documents to him on                             
            June 16, 1987.  Although Minkow talked frequently to petitioner                            
            on the phone from late April to mid-June 1987, he was trying to                            
            persuade petitioner to buy receivables, not stock.  Minkow told                            
            petitioner that ZZZZ Best’s stock was one of the best NASDAQ                               
            stocks after petitioner bought and sold 60,000 shares of it in                             
            early April 1987.  Petitioner decided to buy ZZZZ Best stock                               
            based on his knowledge of ZZZZ Best’s public offering, the active                          
            trading of ZZZZ Best stock, and Minkow’s reputation as an                                  





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