From my perspective, The Street article is bullshit.
The period of time, when HEB's stock SP rose and Carter naturally and correctly took advantage of it, there were no further requests for data or anything else from the FDA.
This occured later in the Sept-October 09 time frame. I am not exactly sure of the date, but Carter announced it verbally in a conference call. If you all recall, the stock SP began it's dive at that point from the 2.20+ range to where it was prior to the ADAM article at 1.35 or so.
At no time, from what I can see, did Carter mislead anyone. he did exactly what he was required to do when he became aware of regulatory changes and or requests.
Not that it makes any difference mind you, but these exxagerated accusations should not be allowed to proliferate.
Don't go parsing Feuerstein. For all intents, today's article claims quite clearly that Carter lied with respect to issues material to his fiduciary responsibilities.
What's odd is that Feuerstein has stuck his neck out, but Carter seems reluctant to execute the chop - i.e. take Feuerstein to court and sue him silly.
Why is that? If it went to court, all material documents - FDA or otherwise - would be subpoenaed. The truth would come out. If Feuerstein is wrong, he's screwed. Dr. Bill has no love for Adam - and that's clear from his broadsides fired in response to past AF articles on HEB - so why does Carter persist in tolerating AF's "hack" pieces and the ensuing collapse of the PPS??
What's Carter waiting for? For HEB to be relegated to the pink sheets and penny stock purgatory? In any event, he has a very odd way of manifesting the courage of his convictions or the survival instincts of his company.