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Menu Foods CEO- dumped his stock


WhiteDove
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(COPY & PASTE - partial article)

ORONTO — The chief financial officer of Menu Foods sold about half his shares in the company just three weeks before a massive recall of its pet food products, Canadian insider trading reports show.

CFO Mark Wiens sold 14,000 shares for $89,900 on Feb. 26 and Feb. 27. The shares are now worth about $54,000.

"He feels just awful that this link has been made," company spokesman Sam Bornstein said Wednesday.

But Bornstein said Wiens faced a restricted window in which he could sell his shares.

A blackout period related to the company's fourth quarter results prevented Wiens from trading until Feb. 19, Bornstein said. Wiens sought permission in writing from the CEO to trade then, a standard practice, he said.

Wiens currently owns about 17,000 shares.

Menu Foods began getting calls about sick cats around Feb. 26, but Bornstein said Wiens would not have known about them due to the size of the company. The calls didn't cause alarm until a week later.

"He is a highly principled guy and for the amount of money that we are talking about, for him to imperil his career, it just doesn't make any sense," Bornstein said.

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Yeah, right. :rolleyes:

He feels just awful that this link has been made

To the tune of a $45,900 profit he feels bad.... my sweet (__!__)

What a choad.... I'm not buying it.

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I guess you don't get it It's not the money, Someone in the business of providing service to animals was more interested in his stock than Oh maybe getting a recall out and saving some lives. That's the big deal........ And if the money was peanuts why was it so important to him to get the stock dumped? Apparently when the peanuts are his it is a big deal.... Yeah he's sorry he got busted!

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Is lying by omission (till you get caught) considered lying?

Is cashing in your stock when you're well aware of the fact that your product is killing animals and about to be recalled on a massive level illegal and wrong on so many levels?

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Well, there is a realistic possibility that he may be hit with an 'insider trading' charge by the SEC, if they can link this to unpublished information about the tainted pet food. We would need to know the first time that the company released some notice about the food. If they made a press release prior to his dumping his company's stock, then he's safe (and entitled to do as he wishes). If not, then he may be in for some problems.

In my company, they caution us repeatedly about making trades on our stock based upon something we 'know' at work. My last company did the same thing. I would assume that any publically held company would do so as part of their mandated ethics training curricula.

As an addendum to my previous post, I just checked their corporate website and they've taken their investor relations page off line...which is NOT a good sign.

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mew-un.to

Menu Foods' Income Fund (mew.un) chart. The company is a Canadian company and, apparently, the stock is only traded OTC in this country.

That also means that they would fall under Canadian trading rules, not American ones. (I am not at all familiar with the insider trading rules in Canada)

Having said that, if you want to make your voice known as a consumer, you could either call or write:

Menu Foods Investor Fund

8 Falconer Drive

Streetsville, ON

L5N 1B1

(905) 826-3870

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http://www.itchmo.com/ - is an excellent source of information on this whole debacle and, imo, it is NOT being taken seriously enough by the FDA, pet food companies involved and, especially Menu Foods, Chemnutra and China. I hope the public doesn't just let this fade away.

You'll notice that even YESTERDAY there was MORE pet food added to the recall list. :realmad:

Mark, according to the timeline:

Timeline

* October - November, 2006:

o Tainted wheat gluten arrives from China at Long Beach Port, then is shipped to Kansas.

* November 8, 2006:

o Menu Foods switches gluten suppliers (to a Chinese company) through a broker based in Kansas.

* December 6, 2006:

o Originally reported date by Menu Foods on when contaminated wheat gluten was used. Since changed to 11/8/06.

* Late December, 2006:

o Menu Foods may have started receiving complaints that its food is making some pets sick.

* February 20, 2007:

o Menu Foods receives the first of 6 customer reports that its food is making pets sick.

* February 27, 2007:

o As a part of its quarterly feeding trials, Menu Foods feeds their product to 40-50 cats and dogs.

o Menu Foods CFO sells 12,700 of his Menu Foods shares.

* March 2, 2007:

o The first of 9 animals in Menu Foods feeding trial dies of acute renal failure. Mortality rate is quoted at 1 in 6.

* March 6, 2007:

o Menu Foods switches its supply of wheat gluten due to lab animal deaths.

o Kansas plant continues to operate.

March 13, 14 or 15, 2007:

o Prior to the recall, Cornell receives samples for testing from Menu Foods. (Note: Date conflicts AP report)

o NY State Food Laboratory receives samples for testing.

* March 16, 2007:

o Menu Foods announces its recall of 60 million containers of food related to the deaths of lab animals.

o Media does not report these as lab-based deaths nor do they report the mortality rate.

o Menu Foods’ Web site is taken down and cannot be accessed.

o Menu Foods stock MEW.UN drops 45% by the close of trading day.

o Menu Foods estimate the recall costs at US$25-$34 million.

* March 17, 2007:

o Menu Foods posts its first recall list in the morning.

o Links to the remainder of the original site is removed from view.

o Consumers report encountering busy signals for their toll-free numbers. Those who do get through report that agents are taking messages for Menu Foods and checking products purchased against the recall list.

* March 18, 2007:

o Itchmo analysis indicates possible ARF in 74,000 pets.

* March 19, 2007:

o Menu Foods announces their enhanced Web site and customer service capabilities.

o Callers report no change in their ability to access the hotlines.

o Menu Foods recall list is changed. 6 brands are added and 1 is removed from the recall list.

o Class action lawsuit group is formed on Yahoo.

o FDA announces that the 60 million recalls packages amount to 1% of the US pet food supply.

* March 20, 2007:

o PetConnection.com’s self-reporting database (for pet owners affected by Menu Foods) gathers 241 reports of deaths.

o FDA announces that the 9 reported deaths only include those from the Menu Foods feeding trial.

o 2 brands are added to the recall list. Canadian brands appear on the recalled brands list.

o Official death toll is revised to 14 including 1 dog and 13 cats. This is the first official death toll that includes pets not included in the Menu Foods quarterly feeding trial.

* March 21, 2007:

o First lawsuits are filed in Chicago and Knoxville, TN.

o PetConnection’s self-reported database logs more than 500 deaths.

o Pet Food Accountability Petition is launched on itchmo.com.

* March 22, 2007:

o PetConnection’s self-reported database logs 845 deaths by the end of the day.

o Analyst and veterinarian estimates of deaths hit “thousands”.

* March 23, 2007:

o First class-action lawsuit against Menu Foods is filed by a Seattle attorney and an Oregon family.

o The substance aminopterin is found in the recalled foods.

o The suspected wheat gluten is imported from China.

o A press-conference is held by Menu Foods and the USDA.

o PetConnection’s self-reported database logs more than 1,000 deaths.

o Menu Foods announces that it will compensate expenses associated with its tainted food.

o Menu Foods announces that its Kansas plant will shut down for 2-3 days to realign its production mix.

o Menu Foods stock rises 25%.

o Kroger pulls all Menu Foods products, not just recalled brands, out of caution.

* March 24, 2007:

o PetConnection reports 1,541 deaths.

o Menu Foods asks retailers to remove entire brands, not just specific UPC codes. Pet parents debate whether to believe Menu Foods categorization that it is not an expansion of the recall.

March 26, 2007:

o An email describing the details of the Menu Foods feeding trial and its outcomes are published by the Sacramento Bee. Vets suspect long-term affects and shortened lifespans for sickened pets.

o PetConnection’s database logs 1,871 deaths.

o New Jersey plant has been confirmed under investigation, yet remains open.

o Cornell reports to the FDA that they found melamine, but no aminopterin.

March 27, 2007:

o Media reports (including the AP) begin to quote the Veterinary Information Network’s count of 471 sick and 104 dead.

o Congressional leaders request information from the FDA and Menu Foods.

o Menu Foods recall costs are estimated to exceed original numbers by the millions. And litigation risk is downplayed.

o ASPCA says that aminopterin may not be the only toxin.

o Menu Foods stock (MEW.UN) closes at 4.10.

o Cornell again reports to the FDA that they found melamine, but no aminopterin.

March 28, 2007:

o Scientific American summarizes the toxin search as well as the timing of events.

o Catmanager notes state by state veterinary agency reaction.

o Canadian vets begin tracking deaths and illnesses.

o PetConnection update: 2,237 deceased pets (1,257 cats, 980 dogs)

o NBC Nightly News reports on increased count.

March 30, 2007:

o Petconnection.com reports in the morning: 2,447 deaths (1,327 cats; 1080 dogs)

o Cornell and FDA announces that melamine was found in the food supply and tissue samples. They also said that aminopterin was not found.

o They also announce that dry food may also be contaminated, but will not name the other manufacturer who used the wheat gluten from the same source.

o Menu Foods holds a press conference, disputing or side stepping questions about their delayed response. Press release is also issued.

o Hills recalls one dry cat food product within hours of the FDA statement — 2 weeks after the initial recall.

o Purina releases a late-night recall message for its ALPO brand wet food not made by Menu Foods, but made using the same supply of wheat gluten.

o FDA prohibits import of wheat gluten from Xuzhou Anying Biologic Technology Development Company Ltd. through an import warning. The US broker who imported the wheat gluten is not named.

March 31, 2007:

o Itchmo discovers that Menu Foods has removed the hidden Web site information that was unlinked when the original recall was announced.

o Del Monte announces recall of wet food and treats due to the use of the same wheat gluten. Affected brands are: Ol’Roy, Jerky Treats, Gravy Train Beef Sticks, Pounce Meaty Morsels, Dollar General, and Happy Tails.

o Pet Connection database: (3/31 8:45 p.m. PT): 2,797 deceased pets (1,546 cats and 1,251 dogs)

o AP reports much higher incidences of cat deaths. And quotes the FDA as saying “there was a sizable amount of melamine. You could see crystals in the wheat gluten.”

April 1, 2007:

o Blogs find the FDA import warning against the Chinese supplier. Traditional media picks up the news.

o Del Monte confirms that the imported wheat gluten was marked available for human consumption.

o FDA notes that the melamine particles were visible in the wheat gluten in concentrations as high as 6.6%.

o Senator Durbin (D-IL) and Rep. DeLauro (D-CT) issue a statement asking for better food protection and criticizes the FDA.

* April 2, 2007:

o Poll: 68% of Itchmo readers blame the pet food makers for the tragedy.

o Kansas Menu Foods plant restarts operations.

o PETA asks FDA commissioner to resign.

o First major pet food brand defects from Menu Foods.

o Possible second exporter of tainted wheat gluten identified.

* April 3, 2007:

o FDA cannot rule out more recalls. And Nestle says it only took them 4 hours to track down the wheat gluten.

o Newspaper reports tainted wheat gluten sold to human food makers.

April 4, 2007:

o Anderson Cooper 360 starts its recall coverage.

o Speculation on a third suspect — vitamin D — begins.

o ChemNutra recalls all of the suspected wheat gluten batches.

o Xuzhou Anying’s facilities shown on CNN.

o Menu Foods sued for fraud in class-action.

o Scientists still debate the suspected toxins.

April 5, 2007:

o Menu Foods expands recall dates.

o Sunshine Mills treats recalled.

o Senator Durbin (D-IL) announces congressional hearings.

o FDA investigating if someone contaminated the wheat gluten on purpose to make extra profit

o China begins investigating wheat gluten.

o FDA says, no more wheat gluten recalls.

* April 6, 2007:

o Del Monte announces expanded recall, contradicting the FDA.

o Oregon and Michigan reports at least 89 dead, 263 sick.

April 9, 2007:

o First confirmed discovery of melanine in non-recalled food (UC Davis).

April 10, 2007:

o Menu Foods expands recall due to contamination of Canadian plant.

o Menu Foods recall forces Royal Canin to recall its Medi-Cal product.

April 11, 2007:

o IHT reports Xuzhou Anying may have been shopping for melamine.

o Cornell lab reports second, unidentified toxin.

Edited by Belle
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Belle,

That confirms the suspicion that his stock trade would likely be considered an *insider trading* incident if the SEC (Securities and Exchange Commission -- US government) has jurisdiction on the trade. They did not make a press release until mid March Since the company is a Canadian company and traded in that country, I am not sure what jurisdiction the SEC would have (thus the second post).

Insider trading laws are pretty strict in this country, as a result of some of the scandals that have happened in the past. This guy would have had access to that internal information before other shareholders would have had access to it, thus giving him an unfair advantage. That is a criminal offense (again, in this country). To repeat, though, I don't know what the trading laws are in Canada. He may have been totally within his rights to do what he did by their rules.

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I got it from www.itchmo.com - they've been on top of things. It's disgusting to see how slow everyone involved has been to act and I'm still convinced they are hiding even more.

I'll have to say, too, that I'm soooo thankful for the two Senators who are speaking out about this. Hopefully, they'll keep on till there are drastic changes in the system.

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