Does anyone think that perhaps there should be a closer look at the actions of CC Investments, Castle Creek, The Mathew Fund, Swartz Investments, etc. Please read the entire document...link provided below.

beneficial owner under Section 13(d) includes "any person who, directly or indirectly, . through any contract, arrangement, understanding, relationship, or otherwise has or shares" "voting power" or "investment power." See Rule 13d-3(a), 17 C.F.R. 240.13d

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3(a). Rule 13d-5(b)(l), 17 C.F.R. 240.13d-5(b)(l), provides that when such

shareholders agree to act together for the purpose of acquiring, holding, voting or disposing of equity securities of an issuer, the group formed thereby shall be deemed to have acquired beneficial ownership, *** as of the date of such agreement, of all equity securities of that issuer beneficially owned by any such persons.)

Thus, if a defendant "even 'indirectly' 'shared' voting or investment power, including the power to direct the disposition of[an issuer's] shares, [he] must be found to be a beneficial owner" of all of the shares of the group

The objective of Section 13(d)is to provide notice of the rapid accumulation of

securities in an issuer. Although filings are required regardless of whether the investors

have a control purpose, Section 13(d) was adopted as part ofthe Williams Act and is

intended to provide an early warning of accretions of stock ownership that could

potentially affect or influence control. See,~, GAF Com. v. Milstein, 453 F.2d 709,

717 (2d Cir. 1971). If a group of persons that beneficially owns more than five percent of

an issuer under Section 13(d) standards can be presumed to have the potential to influence

corporate control, then it reasonably may also be concluded that a group that beneficially

owns more than ten percent of an issuer may have access to inside information.

Furthermore,if an individualwho owns more than ten percent of an issuer can be

presumed to have access to inside information, that presumption can also hold true for a group that owns more than ten percent of an issuer and is acting in concert for the purpose of acquiring, holding, voting, o rdisposing of securities of the issuer.

http://www.sec.gov/litigation/briefs/2000/schaffer0500.pdf