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Tuesday, June 9, 2015
Open Letter delivered via Twitter (without exhibits) @TheStreet
Ms. Elisabeth H. DeMarse
Chairman, CEO & President
The Street, Inc.
14 Wall Street
15th Floor
New York, NY 10005
CC:Andrew Cersney, Director, Division of Enforcement, Securities and Exchange Commission
The assertion made by Adam Feuerstein and The Street, Inc. a publicly traded company, article dated May, 21, 2015 entitled:’ IsoRay Takes Liberties With Lung Cancer Study Results to Prop Up Stock Price ’1 specifically states:‘ In their conclusion, the study authors do not endorse IsoRay's
Dr. Bhupesh Parashare MD lead author and his colleagues in their study paper made available online May 19, 2015 titled:’ Analysis of stereotactic radiation vs. wedge resection vs. wedge resection plus
high risk WRs, we favor use of
Dear Ms. DeMarse:
On May 21, 2015 11:36 AM EDT TheStreet, Inc. published an article by Mr. Adam Feuerstein titled:’ IsoRay Takes Liberties With Lung Cancer Study Results to Prop Up Stock Price ’ Mr. Feuerstein reported:’ In their conclusion, the study authors do not endorse IsoRay's
Few investors are reading the actual study involving
1 TheStreet, Article authored by Mr. Adam Feuerstein, IsoRay Takes Liberties With Lung Cancer Study Results to Prop Up Stock Price (April 29, 2015 12:28 PM ET), available at
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Patients in Newly Published Report’ 2 ,the word outstanding was used twice, once in the sub header:‘ Cesium- 131's Outstanding Lung Cancer Results Take on Other Treatment Forms Including Stereotactic Radiation ’ and a second time by IsoRay CEO Dwight Babcock commented:’ We are extremely excited to have our
merit; remarkably good. 2. Archaic: extraordinary; superior.3 Dr. Bhupesh Parashare MD lead author and his colleagues in their study paper made available online May 19, 2015 titled:’ Analysis of stereotactic radiation vs. wedge resection vs. wedge resection plus
131 brachytherapy. ‘4 On July 29, 2014 Citizens for Responsibility and Ethics in Washington (“CREW”) requested:’…(“SEC”) open an investigation into the
1.) The Dictionary defines the word excellent as possessing outstanding quality or superior merit; remarkably good.
2.) The Press Release from IsoRay, Inc. made no specific mention the study authors used the exact word:’ outstanding’ to describe the conclusion of the study as may be inferred by the TheStreet & Feuerstein article.
3.) The study authors did not call the results:’ "outstanding" ‘ as TheStreet and Feuerstein article correctly asserts, the study authors in fact referred to the results in their conclusion as:’ excellent treatment options ’
2IsoRay, Inc., Press Release, Isoray’s
3Dictionary.com, Definition of excellent, available at http://dictionary.reference.com/browse/excellent?s=t
4Dr. Bhupesh Parashar MD, of Weill Cornel Medical College, lead author & colleagues of the publication, published study - Analysis of stereotactic radiation vs. wedge resection vs. wedge resection plus
5Citizens for Responsibility and Ethics in Washington (“CREW”), Letter by Melanie Sloan Executive Director, CREW Requests SEC Investigative Manipulation of Drug Company ... Strategically released blog posts by
6Yahoo Finance, Historical Prices, Northwest Biotherapeutics, Inc. (NWBO) (29 July 2014 – 8 June 2015) available at
http://finance.yahoo.com/q/hp?s=NWBO&a=06&b=29&c=2014&d=05&e=8&f=2015&g=d&z=66&y=198
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4.) TheStreet and Feuerstein article states:‘ …reports In their conclusion, the study authors do not endorse IsoRay's
5.) The Street and Feuerstein article states:’ If they read the study
6.) One may reasonably conclude Adam Feuerstein and The Street may have had direct knowledge of the facts as clearly listed and articulated herein prior to publishing their article in question and therefore they may have knowingly and deliberately made false statements and possibly committed slander against IsoRay, Inc.
7.) CREW may have documented an unchecked pattern of behavior by Adam Feuerstein and the referenced IsoRay article by Adam Feuerstein and The Street, Inc. may represent a continuation of this possibly unchecked pattern of behavior by Adam Feuerstein and The Street, Inc. a publicly traded corporation.
8.) One question remains unanswered without speculating. Why would Adam Feuerstein and The Street, Inc. possibly make deliberately false statements as well as possibly commit slander against IsoRay, Inc. within the article in question?
9.) Further investigation and action(s) into this issue may be warranted by regulatory body(s) as well other concerned parties including you Ms. Elisabeth H. DeMarse the Chairman, CEO & President of the The Street, Inc. a publicly traded corporation.
The assertion made by Adam Feuerstein and The Street, Inc. a publicly traded company, article dated May, 21,
2015 entitled:’ IsoRay Takes Liberties With Lung Cancer Study Results to Prop Up Stock Price’1 specifically states:‘ In their conclusion, the study authors do not endorse IsoRay's
Not less than 10 (ten) times twitter user @X54389 made best effort attempts requesting representatives James J. Cramer & Adam Feuerstein of TheStreet, Inc. a publicly traded corporation via Twitter to rectify its’ possibly false and slanderous article and tweets pertaining to IsoRay, Inc.:
1.) @adamfeuerstein @jimcramer $ISR - facts checked? ...we favor use of
3.) @jimcramer @adamfeuerstein $ISR - Mr. Cramer, do you really intend to remain silent on this issue? 9
7 @X54389, Tweet to, @adamfeuerstein @jimcramer $ISR - facts checked? ...we favor use of
May 2015) available at https://twitter.com/x54389/status/601444460254212096
8@X54389, Tweet to, @jimcramer @adamfeuerstein $ISR Mr. Cramer, do you approve of slanderous assertions? Please take action. (21 May 2015) available at https://twitter.com/x54389/status/601473227597205504
9 @X54389, Tweet to, @jimcramer @adamfeuerstein $ISR - Mr. Cramer, do you really intend to remain silent on this issue? (21 May 2015) available at https://twitter.com/x54389/status/601487411101700098
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4.) @jimcramer @adamfeuerstein $ISR - Mr. Cramer, do you really intend to remain silent on this issue?10 Note: not a duplicate as two messages with same subject were sent twice.
5.) @jimcramer @adamfeuerstein Mr. Cramer an hour later with slanderous content still not taken down on $ISR? Really?11
6.) @jimcramer @adamfeuerstein Mr. Cramer a day later with slanderous content still not taken down on $ISR? Really?12
Note: not a duplicate as two messages with same subject were sent twice.
7.) @jimcramer @adamfeuerstein $ISR - Mr. Cramer, do you really intend to remain silent on this issue? Day #2 no action?13
8.) @jimcramer @adamfeuerstein $ISR - Mr. Cramer, do you really intend to remain silent on this issue? Day #2 no action?14
9.) @jimcramer @adamfeuerstein
10.) @StockMatusow @jimcramer @adamfeuerstein $ISR Cramer choose to block my request rather than addressing in public.Sad.16
14 of the 15 law firms asserting an actual and or possible claim against IsoRay, Inc. directly cited The Street, Inc. article dated May 21, 2015 entitled,’ IsoRay Takes Liberties With Lung Cancer Study Results to Prop Up Stock Price ‘1 as a principle catalyst for their respective claims. This fact may overwhelmingly be indicative of the possible direct culpability of Adam Feuerstein & The Street, Inc. a publicly traded corporation in reference to the issue discussed herein. Although the court(s) may ultimately deem said legal actions against IsoRay, Inc. below to be ‘frivolous’, The assertion made by Adam Feuerstein and The Street, Inc. a publicly traded company, article dated May, 21, 2015 entitled:’ IsoRay Takes Liberties With Lung Cancer Study Results to Prop Up Stock Price’1 specifically states:‘ In their conclusion, the study authors do not endorse IsoRay's
10@X54389, Tweet to, @jimcramer @adamfeuerstein $ISR - Mr. Cramer, do you really intend to remain silent on this issue? (21 May 2015) available at https://twitter.com/x54389/status/601487827726118912
11@X54839, Tweet to, @jimcramer @adamfeuerstein Mr. Cramer an hour later with slanderous content still not taken down on $ISR? Really? (21 May 2015) available at https://twitter.com/x54389/status/601496381564526592
12@X54389, Tweet to, @jimcramer @adamfeuerstein Mr. Cramer a day later with slanderous content still not taken down on $ISR? Really? (22 May 2015) available at https://twitter.com/x54389/status/601706532519190528
13@X54389, Tweet to, @jimcramer @adamfeuerstein $ISR - Mr. Cramer, do you really intend to remain silent on this issue? Day #2 no action? (22 May 2015) available at https://twitter.com/x54389/status/601716264340475904
14@X54389, Tweet to, @jimcramer @adamfeuerstein $ISR - Mr. Cramer, do you really intend to remain silent on this issue? Day #2 no action? (22 May 2015) available at https://twitter.com/x54389/status/601748396458823680
15@X54389, Tweet to, @jimcramer @adamfeuerstein
16@X54389, Tweet to, @StockMatusow @jimcramer @adamfeuerstein $ISR Cramer choose to block my request rather than addressing in public.Sad. (22 May 2015) available at https://twitter.com/x54389/status/601854008676986880
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to be false and slanderous by court(s) and or a regulatory body(s) may additionally be demonstrative of gross negligence and or possibly willful and illegal manipulation of the market price of IsoRay’s stock in a way that furthers the interests of short sellers by Adam Feuerstein and The Street, Inc. a publicly traded corporation.
(1)May 21, 2015 EQUITY ALERT: The Rosen Law Firm Announces Investigation of Securities Claims Against IsoRay, Inc. – ISR17 :’ On May 21, 2015, TheStreet.com published an article stating…’
(2)May 21, 2015 SHAREHOLDER ALERT: Levi & Korsinsky, LLP Announces an Investigation Involving Possible Securities Law Violations by the Board of IsoRay, Inc.18 :’ …the investigation stems from an article featured on TheStreet.com… ’
(3)May 21, 2015 SHAREHOLDER ALERT: Pomerantz Law Firm Investigates Claims On Behalf of Investors of IsoRay, Inc. - ISR19 :’ …On May 21, 2015, TheStreet.com website published a report… ’
(4)May 21, 2015 ISORAY INVESTIGATION INITIATED BY FORMER LOUISIANA ATTORNEY GENERAL: Kahn Swick & Foti, LLC Investigates IsoRay, Inc. for Possible Stock Fraud20 :’… On May 21, 2015, TheStreet.com published an article claiming...’
(5)May 22, 2015 Investigation of IsoRay, Inc. Announced by Glancy Prongay & Murray LLP21 :’ …On May 21, 2015, thestreet.com published a report entitled, “IsoRay… ‘
(6)May 22, 2015 Harwood Feffer LLP Announces Investigation of IsoRay, Inc.22 :’ …On May 22, 2015, TheStreet.com published article titled “IsoRay… ‘
(7)May 23, 2015 ISORAY SHAREHOLDER ALERT: Faruqi & Faruqi, LLP the Investigation of IsoRay, Inc. and its Officers for Potential Securities Stock Fraud in Connection with the Doctoring of Study Results - ISR23 :’ …On May 22, 2015, the market news website TheStreet.com published an article titled "IsoRay… Takes Liberties With Lung Cancer Study Results to Prop Up Stock Price," ‘ left entire article title intact as firm cites incorrect publishing date of TheStreet article
(8)May 26, 2015 Gainey McKenna & Egleston Announces a Class Action Lawsuit Has Been Filed Against IsoRay, Inc.
17The Rosen Law Firm, Press Release, EQUITY ALERT: The Rosen Law Firm Announces Investigation of Securities Claims Against IsoRay, Inc. (21 May 2015) available at
18Levi & Korsinsky, LLP, SHAREHOLDER ALERT: Levi & Korsinsky, LLP Announces an Investigation Involving Possible Securities Law Violations by the Board of IsoRay, Inc. (21 May 2015) available at
19Pomerantz Law Firm, Press Release, SHAREHOLDER ALERT: Pomerantz Law Firm Investigates Claims On Behalf of Investors of IsoRay, Inc. – ISR (21 May 2015) available at
20Kahn Swick & Foti, LLC, Press Release, ISORAY INVESTIGATION INITIATED BY FORMER LOUISIANA ATTORNEY GENERAL: Kahn Swick & Foti, LLC Investigates IsoRay, Inc. for Possible Stock Fraud (21 May 2015) available at http://finance.yahoo.com/news/isoray-
21Glancy Prongay & Murray LLP, Press Release, Investigation of IsoRay, Inc. Announced by Glancy Prongay & Murray LLP (22 May 2015) available at
22Harwood Feffer LLP, Press Release, Harwood Feffer LLP Announces Investigation of IsoRay, Inc. (22 May 2015) available at
23Faruqi & Faruqi, LLP, Press Release, ISORAY SHAREHOLDER ALERT: Faruqi & Faruqi, LLP the Investigation of IsoRay, Inc. and its Officers for Potential Securities Stock Fraud in Connection with the Doctoring of Study Results – ISR (23 May 2015) available at
24Gainey McKenna & Egleston, Press Release, Gainey McKenna & Egleston Announces a Class Action Lawsuit Has Been Filed Against IsoRay, Inc. – ISR (26 May 2015) available at
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(9)May 27, 2015 INVESTOR ALERT: Investigation of IsoRay, Inc. Announced by The Law Offices of Howard G. Smith25 :’…On May 21, 2015, thestreet.com published a report entitled, “IsoRay…‘
(10)May 28, 2015, Robbins Arroyo LLP: IsoRay, Inc. (ISR) Misled Shareholders According to a Recently Filed Class Action26 :’ …Subsequently, TheStreet.com published an article asserting that IsoRay selectively… ‘
(11)May 29, 2015 SHAREHOLDER ALERT: Pomerantz Law Firm Announces the Filing of a Class Action Against IsoRay, Inc. and Certain Officers – ISR27 :’ …On May 21, 2015, TheStreet.com published an article on IsoRay asserting… ‘
(12)June 1, 2015 Law Offices of Marc S. Henzel Announces Securities Class Action Periods28 :’Class Period 5/20/15 thru 5/21/15’ although not specifically referenced it appears this firm may cite
TheStreet if directly queried.
(13)June 2, 2015 ISORAY INVESTORS: Lieff Cabraser Announces Class Action Litigation Against IsoRay, Inc. - ISR29 :’ …On May 21, 2015, TheStreet.com published an article about IsoRay, arguing… ’
(14)June 5, 2015 IMPORTANT ANNOUNCEMENT: Wolf Haldenstein Adler Freeman & Herz LLP Announces That a Federal Securities Class Action Has Been Filed Against IsoRay, Inc.
(15)June 8, 2015 Robbins Geller Rudman & Dowd LLP Files Class Action Suit Against IsoRay, Inc.31:’
…Then, later in the day on May 21, 2015, TheStreet.com published an article asserting that IsoRay..‘
On May 27, 2015 Mr. Todd Cox a Financial blogger and investor covering IsoRay, Inc. announced via
StockTwits that he had filed a formal complaint against Adam Feurestein and The Street for:’ illegal stock manipulation ’ with the SEC.32
On May 30, 2015 it was interesting to find an online publication SmallCAPS.us which focuses primarily on promoting stocks through email blasts to subscribers (i.e. most individual investors/traders may possibly not normally deem as credible source of information) would present a compelling, possibly accurate, broad and
25Law Offices of Howard G. Smith, Press Release, INVESTOR ALERT: Investigation of IsoRay, Inc. Announced by The Law Offices of Howard G. Smith (27 May 2015) available at
26Robbins Arroyo LLP, Press Release, Robbins Arroyo LLP: IsoRay, Inc. (ISR) Misled Shareholders According to a Recently Filed Class Action (28 May 2015) available at
27Pomerantz Law Firm, Press Release, SHAREHOLDER ALERT: Pomerantz Law Firm Announces the Filing of a Class Action Against IsoRay, Inc. and Certain Officers – ISR available at
28Law Offices of Marc S. Henzel, Press Release, Law Offices of Marc S. Henzel Announces Securities Class Action Periods (1 June 2015) available at
29Lieff Cabraser, Press Release, ISORAY INVESTORS: Lieff Cabraser Announces Class Action Litigation Against IsoRay, Inc. – ISR (2 June 2015) available at
30Wolf Haldenstein Adler Freeman & Herz LLP, Press Release, IMPORTANT ANNOUNCEMENT: Wolf Haldenstein Adler Freeman & Herz LLP Announces That a Federal Securities Class Action Has Been Filed Against IsoRay, Inc. – ISR (5 June 2015) available at
31Robbins Geller Rudman & Dowd LLP, Press Release, Robbins Geller Rudman & Dowd LLP Files Class Action Suit Against IsoRay, Inc. (9 June 2015) available at
32Mr. Todd Cox, message via StockTwits, $ISR Just an update, I have filed a formal complaint with the SEC against Adam Feuerstein and The Street for illegal stock manipulation (27 May 2015) avaialble at http://stocktwits.com/coxinvestments/message/37453301
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articulate accounting of the events along with speculation as to a possible reason why they may have recently transpired.33
As of the publication date of this letter TheStreet, Inc. a publicly traded company, you, your management team and staff have made none of the following actions publicly:
1.) Retraction
2.) Apology
3.) Comment detailing the issue (other than possibly derogatory comments through Mr. Adam
Feuerstein’s via Twitter)34
4.) Amendment to the article in question correcting possibly numerous inaccuracies
Furthermore the article in question remains verbatim online as originally published on May 21, 2015 at 11:36 AM EDT. Please note regulatory body(s), law firms, media, IsoRay, Inc., shareholders, clinicians, and most important cancer patients are keenly observing how you and your management team at The Street, Inc. are handling this egregious issue and thus far, the lack of curative action may be reprehensible at best. Thank you in advance for your much needed leadership in the areas of editorial ethics and reporting integrity, as these qualities appear to be desperately needed in order to remedy and make whole the referenced issue herein in a timely manner.
Sincerely,
@X54389
Dr. Bhupesh Parashare MD lead author and his colleagues in their study paper made available online May 19, 2015 titled:’ Analysis of stereotactic radiation vs. wedge resection vs. wedge resection plus
candidates for lobectomy. For high risk WRs, we favor use of
The assertion made by Adam Feuerstein and The Street, Inc. a publicly traded company, article dated May, 21,
2015 entitled:’ IsoRay Takes Liberties With Lung Cancer Study Results to Prop Up Stock Price’1 specifically states:‘ In their conclusion, the study authors do not endorse IsoRay's
33SmallCAPS.us, Article, IsoRay Stock Price Hammered After… Excellent Study Results (30 May 2015) available at
34Adam Feurestein of TheStreet, Inc., possibly derogatory comments through Twitter,
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