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Newsletter
August 3, 2002
Volume V, Issue 58
Email : info@otcjournal.com
URL : http://www.otcjournal.com

To OTC Journal Members:
 

Sir Thomas More and Diomed (AMEX: DIO): A Man and A Stock For All Seasons

Our inbox has been filled with requests for information on the state of Diomed. One of our profiled companies in 2002, this idea has been a disaster. As the stock continues its slow, painful daily descent to death falling into the $1 range, we cannot help but be reminded of one of history's greatest individual stories of personal character.

A Man For All Seasons is one of the greatest plays ever written. In the play, author Robert Bolt relates the historical story of the relationship between Sir Thomas More and King Henry the VIII.

In year 1529, King Henry attempted to divorce then queen Catherine of Aragon who had been unable to provide him with the son he so desperately wanted. The Pope refused Henry's repeated requests for a divorce.

Henry boldly declared himself head of both the Church of England and state in 1531. He granted himself a divorce, which allowed him to marry Anne Boleyn and pursue his quest to create an heir to the throne.

Sir Thomas More, then Lord Chancellor of the Realm and very popular figure, remained silent on the issue. He would not come out in support of Henry's move, infuriating the King.

In 1534, Parliament passed a bill requiring all subjects to take an oath acknowledging the supremacy of England's king over all foreign sovereigns - including the Pope. The deeply religious More made every effort to skirt the issue by choosing to remain silent on the subject of the divorce while he tried to keep his loyalty to Henry from coming into question.

Sir Thomas More was eventually convicted as a traitor to England, and in 1535 was executed in the infamous Tower of London. He died for his principles.
 

Diomed (AMEX: DIO) (Or Should We Say Dio-Death) Like Sir Thomas More- Silence Equals Death

The management of Diomed is successfully repeating the history of Sir Thomas More with its refusal to provide shareholders with any updated information on the roll out of its revolutionary new EVLT (endovenous laser treatment) for varicose veins.

If the company can successfully attain a 10% market share from the current inferior and highly invasive stripping procedure, it could translate into $50 million in annual sales and significant profits for the company.

Since commencing sales this past March, shareholders have pathetically been treated to public disclosure that it has sold two lasers for this treatment back in the early going. Since then, no additional information as to the status of the commercial roll out has been forthcoming from the company.

Diomed filed a registration statement with the SEC on behalf of private placement investors this past June, and as a result management maintains the company is in a regulatory "quiet period" until the aforementioned registration statement is declared effective.

Like Sir Thomas More, the adoption of this silent policy is leading to the slow, torturous death of the stock. The scene is being played out on the floor of the American Stock Exchange, rather than the courts of medieval England and the Tower of London.

When shares of Diomed made their debut this past February, investors were excited about the prospects for EVLT, and bid the stock up to a high of $9 in short order. Since that time, much to the chagrin of investors, the company has been mute about its progress, and the stock has remained under consistent pressure on light volume. There are simply no buyers, and the company is giving no one any reason to buy. With the Biotech index hitting 5 year lows, shareholders are throwing in the towel on this loser.
 

Conclusion

June quarterly financial performance must be reported by the company to the SEC before August 15th. This quarterly filing will be the first public measure of the company's success in rolling out EVLT. By the time we see the report it will be old news. We will already be halfway through the 3rd quarter, but it should provide us with some insight into the company's potential for growth.

The good news- Investors have no tolerance for risk. The company's silence is being interpreted as failure. Complete failure of the EVLT roll out is already priced into the stock. Therefore, any indication the company is having success selling the EVLT product could lead to the beginning of a rebound in the stock.

The company's current state could run the gamut from roaring success to complete failure.

If you haven't sold already it probably makes no sense to do so now. In all likelihood, the company is not doing as poorly as the stock would lead us to believe by its pathetic performance.

On the other hand, until the company removes its head from the sand and begins communicating with its shareholders, we see no reason to add to a position or establish a new one. Just wait it out and wait for facts to make an intelligent and informed decision.

When the company issues its June quarterly financial results we will publish our thoughts. Until then, we will keep both feet firmly planted in the air.

In the event the company is succeeding, there could be substantial short term appreciation in the stock from current levels. A 100% snap back could be possible from this grossly oversold condition.

Sir Thomas More is viewed as one of the greatest individuals in history; a man who was willing to die for his principals. Diomed also seems willing to die for it's ultra conservative regulatory stance on disclosure, but it's death is killing all of the shareholders along with it. 


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