Unless otherwise indicated or obvious from the nature of the transmittal, the information contained in this message is attorney privileged and/or confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication or any of the information in it is strictly prohibited. If you have received this communication in error, please advise the sender by reply e-mail and then delete the message. Thank you.
_ _ s u b s t g 1 . 0 _ 1 0 3 5 0 0 1 F * & , ' x _ _ s u b s t g 1 . 0 _ 1 0 F 3 0 0 1 F * ) L _ _ s u b s t g 1 . 0 _ 3 0 0 B 0 1 0 2 * ) + + _ _ s u b s t g 1 . 0 _ 3 F F 8 0 0 1 F * , 1 0 C 8 E B 8 @ c l a y f a c e . g o t h a m . c o m > R E % 3 A C N D D % 3 A a d d i t i o n a l q u e s t i o n s . E M L D ~ (M| 9mi S t e v e K i r s c h ܧ@B +/ /O=PROPEL/OU=SV/CN=RECIPIENTS/CN=STK S t e v e K i r s c h _ _ s u b s t g 1 . 0 _ 3 F F 9 0 1 0 2 * * . - A _ _ s u b s t g 1 . 0 _ 3 F F A 0 0 1 F * / _ _ s u b s t g 1 . 0 _ 3 F F B 0 1 0 2 * - 0 0 A _ _ s u b s t g 1 . 0 _ 8 0 0 0 0 0 1 F * 2 6 ܧ@B +/ /O=PROPEL/OU=SV/CN=RECIPIENTS/CN=STK u r n : c o n t e n t - c l a s s e s : m e s s a g e @ 0 P @ 0 P 4 y 6 7 > @ 9 e|; = ? A @ A \ _ _ p r o p e r t i e s _ v e r s i o n 1 . 0 0 / 1 3 _ _ r e c i p _ v e r s i o n 1 . 0 _ # 0 0 0 0 0 0 0 0 : 5 @ N _ _ s u b s t g 1 . 0 _ 0 F F 6 0 1 0 2 * F _ _ s u b s t g 1 . 0 _ 0 F F F 0 1 0 2 * 2 4 G A B C A D Q ( R ( d e & p 6 q u v J w x J } \ & 8 ` @ Hhk^| @ 6 # ' p b y @ n+ R v$ 5 z h @ @@ N 0 ? o ? ? ? A ? ? A ? @ @ ܧ@B +/ /O=PROPEL/OU=SV/CN=RECIPIENTS/CN=STK S t e v e K i r s c h E X / O = P R O P E L / O U = S V / C N = R E C I P I E N T S / C N = S T K EX:/O=PROPEL/OU=SV/CN=RECIPIENTS/CN=STK s t k S t e v e K i r s c h _ _ s u b s t g 1 . 0 _ 3 0 0 1 0 0 1 F * I _ _ s u b s t g 1 . 0 _ 3 0 0 2 0 0 1 F * 3 7 J _ _ s u b s t g 1 . 0 _ 3 0 0 3 0 0 1 F * K H _ _ s u b s t g 1 . 0 _ 3 0 0 B 0 1 0 2 * 6 9 M ( _ _ s u b s t g 1 . 0 _ 3 9 F F 0 0 1 F * N _ _ s u b s t g 1 . 0 _ 3 A 2 0 0 0 1 F * 8 ; O _ _ s u b s t g 1 . 0 _ 4 0 3 D 0 0 1 F * P _ _ s u b s t g 1 . 0 _ 4 0 3 E 0 0 1 F * : < Q . S M T P s t e v e . k i r s c h @ p r o p e l . c o m 0 0 J 0 , A ) 0 ( ) : @: 9 9 =@ >@ 0 bf 0 _ _ p r o p e r t i e s _ v e r s i o n 1 . 0 0 R-----Original Message-----
From: Steve Kirsch [mailto:steve.kirsch@propel.com]
Sent: Tuesday, August 17, 2004 12:57 PM
To: Jere Ross
Subject: CNDD: additional questionsI'm not an investor in CNDD nor have I purchased (or shorted) any shares, nor do I currently plan to purchase any shares. I only asked my broker if it was possible as part of collecting the data.The information is strictly for completing the story on the website, not for personal economic or commercial gain and would be posted to the website so that Hartley can refer people there for clarification.There are a couple of other options to provide clarification too:1)can you have the company post the answers to these questions on the company website?and/or2) would Hartley answer these questions if it came from a reporter from the NY Times or Wall Street Journal or Barrons?thanks!-steve-----Original Message-----
From: Jere Ross [mailto:Jross@bushross.com]
Sent: Tuesday, August 17, 2004 8:19 AM
To: Steve Kirsch
Subject:Steve: Mr. Lord has forwarded to me your latest inquiry for information. I have advised him not to respond. Although Concorde America is not subject to the reporting requirements of the 1934 Securties Exchange Act (Section 12(g)), has not chosen to effect a voluntary registration thereunder, and is therefore not subject to the requirements of Regulation F-D, because it has a class of securities which are available for active trading in the public marketplace (roughly the 10MM shares made the subject of its recently completed Rule 504 offering), it may not provide on a piecemeal basis, to select investors or others having an interest in the company, information concerning the company which the average investor would reasonably wish to have in order to be able to make an informed investment decision concerning those shares. Federal and state securities laws are intended to force even handed disclosure of such information so that everyone will have access thereto at the same time. The mechanism by which an entity with the company's characteristics complies with that requirement is the news release, and the timing of such a disclosure is dependent upon the occurrence of material events in the company's operations that it believes should be reported. As was reported last week, the company is in its initial operational stage and has no current information that it believes would be of particular benefit to investors. Last week's release was effected only because of the unauthorized and misleadig releases that had preceded it. The company recognizes that you are performing a publc service, but I trust you will acknowledge that it is not being undertaken solely for a public purpose. There is a commercial or economic foundation to your activity, and while you have every right to pursue the story as you have, the company is not in a position to assist you in that endeavor. Should the SEC initiate an investigation and seek information of the sort you have requested, the company will cooperate fully, but it cannot respond to a private inquiry of the sort you are mounting. I trust you understand this position, but if you have further questions, please let me know. Regards, JereJeremy P.RossBUSH ROSS GARDNER WARREN & RUDY, P.A.P. O. Box 3913220 South Franklin StreetTampa, FL 33601813.224.9255 Phone813.223.9620 Fax
Unless otherwise indicated or obvious from the nature of the transmittal, the information contained in this message is attorney privileged and/or confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication or any of the information in it is strictly prohibited. If you have received this communication in error, please advise the sender by reply e-mail and then delete the message. Thank you.