October 10, 2003
Nutek Provides Update on Failed
Delivery of Stock Certificates.
LAS
VEGAS, Oct 3, 2003 -- (BUSINESS
WIRE) -- Nutek Inc. (NUTK) today
announced that the company is again
strongly encouraging all
shareholders to request physical
delivery of stock certificates for
their share purchasers to ensure
legitimate ownership rights in the
company.
Failed Stock Certificate Delivery
Increases
On Dec. 2, 2002, Nutek's management
publicly encouraged shareholders to
obtain physical stock certificates
from their brokerages. Management
believed that a program of
certificated ownership would protect
shareholder value and reduce the
potential for unfair and improper
trading practices.
Due to the many shareholders who
requested, but did not receive
physical delivery of their Nutek
stock certificates from their
brokerages, several shareholders
along with Nutek filed a lawsuit in
Nevada federal court in March 2003
for the failed deliveries of
certificates from their brokerages.
The majority of these shareholders
to this day have been unable to
obtain their certificates even
though several brokerages had
expressed their intent to settle
these deliveries by July 2, 2003,
but subsequently failed to do so.
The company and its plaintiff
shareholders have now retained the
services of Michael Morrison, an
expert in this area of securities
litigation, to ensure the delivery
of these certificates.
Shareholders are reminded that with
respect to anyone who has purchased
Nutek shares from a seller who has
failed to deliver those shares, that
such a "purchaser" is not in fact a
lawful owner of Nutek shares, though
he or she certainly has a claim for
them. Unfortunately, a putative
shareholder cannot rely solely upon
his or her brokerage statement,
because there is no guarantee your
broker has enforced settlement for
the shares purchased. However, such
a person may have several causes of
action against the failing seller.
In the current market and regulatory
environment, the only way to ensure
all parties' compliance with the law
with respect to your shares of Nutek
or any other company is to take
delivery of physical certificates
representing your shares.
"The entire electronic transfer
system, which enables unscrupulous
brokerages and individuals to profit
from naked short selling which
ultimately results in the failed
delivery of share certificates
representing legitimate shares to
shareholders, with virtually no
negative ramifications, needs to be
examined by the regulators," stated
Murray Conradie, CEO of Nutek. "It
appears that the SEC has finally
heard our pleas and those of others
companies who have been targeted by
naked short sellers."
According to a Dow Jones Newswire
report issued on Sept. 25, "'It's
expected that the commission (SEC)
will consider short selling reforms
in the next few months,' SEC market
regulation division director Annette
Nazareth said. If approved, the SEC
would ... impose more controls on
short sales of stocks traded in the
over-the-counter Bulletin Board. The
SEC will look to increase borrowing
requirements for some short sales
and call for stronger enforcement,
including late charges or other
financial penalties for short
sellers who fail to cover short
positions by the settlement date.
'It will address problems that we
have seen with naked short selling,'
said Nazareth."
"We are encouraged by the SEC's
announcement that they are looking
to combat these abuses," Conradie
added. "Until there is enforcement
of the rules and stiff penalties for
violators, legitimate investors and
companies on the OTCBB and other
exchanges will continue to be
damaged by the companies and
individuals that enable or engage in
market manipulation through naked
short selling."
About Nutek Inc.
Nutek Inc. is a public holding
company with primary operations in
three diverse industries:
Datascension Inc., a leading data
processing and market survey firm;
Nutek Oil Inc., an oil and gas
exploration and development company;
and Nutek Inc., a developer and
marketer of proprietary
consumer/commercial products.
Additional information is available
at
www.nutk.com .
Safe Harbor
Statement under the Private Securities Litigation Reform Act of 1995
Certain statements contained in this press release are
forward-looking statements (as such term is defined in the Private
Securities Litigation Reform Act of 1995) and information relating to
the Company that is based on the beliefs of the management of the
Company, as well as assumptions made by and information currently
available to the management of the Company. When used in this press
release, the words "estimate," "project," "believe," "anticipate,"
"intend," "expect," and similar expressions are intended to identify
forward-looking statements. Such statements reflect the current views
of the Company with respect to future events, and are subject to risks
and uncertainties that could cause actual results to differ materially
from those contemplated in such forward-looking statements. The
Company does not undertake any obligation to publicly release any
revisions to these forward-looking statements to reflect events or
circumstances after the date hereof or to reflect the occurrence of
unanticipated events.
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