-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, DLKKqJ1jlsiVPUjqTmE32RgvXCRrQsLVJIMk9ejc7fyXy3fVoTa7bvxIGOFrH2Kh 2emaoQwong1RPu6ttMMb6w== 0000000000-04-029570.txt : 20050512 0000000000-04-029570.hdr.sgml : 20050512 20040915092120 ACCESSION NUMBER: 0000000000-04-029570 CONFORMED SUBMISSION TYPE: UPLOAD PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20040915 FILED FOR: COMPANY DATA: COMPANY CONFORMED NAME: NUWAY MEDICAL INC CENTRAL INDEX KEY: 0000880242 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-AUTO DEALERS & GASOLINE STATIONS [5500] IRS NUMBER: 650159115 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: UPLOAD BUSINESS ADDRESS: STREET 1: 23461 SOUTH POINTE DRIVE STREET 2: SUITE 200 CITY: LUGANA, HILLS STATE: CA ZIP: 92653 BUSINESS PHONE: 949-454-9011 MAIL ADDRESS: STREET 1: 23461 SOUTH POINTE DRIVE STREET 2: SUITE 200 CITY: LUGANA, HILLS STATE: CA ZIP: 92653 FORMER COMPANY: FORMER CONFORMED NAME: NUWAY ENERGY INC DATE OF NAME CHANGE: 20010815 FORMER COMPANY: FORMER CONFORMED NAME: LATIN AMERICAN CASINOS INC DATE OF NAME CHANGE: 19960520 FORMER COMPANY: FORMER CONFORMED NAME: REPOSSESSION AUCTION INC DATE OF NAME CHANGE: 19940823 PUBLIC REFERENCE ACCESSION NUMBER: 0001144204-04-014199 LETTER 1 nu.txt BURNETT: LETTER DATED 9/14/04 RE ITEM 4.01 8-K FILED 9/10/04 Mail Stop 0308 September 14, 2004 Dennis Calvert Chief Executive Officer Nuway Medical, Inc. 23461 South Pointe Drive, Suite 200 Laguna Hills, CA 92653 RE: Nuway Medical, Inc. Item 4.01 Form 8-K filed September 10, 2004 File No. 0-19709 Dear Mr. Calvert: We have reviewed the above referenced filing and have the following comments. We welcome any questions you may have about our comments. Feel free to contact us at the telephone numbers listed at the end of this letter. 1. You state that you mutually agreed to terminate the engagement of H&W; however we do not believe this meets the requirements of Rule 304 of Regulation S-B. Please revise to disclose whether you dismissed the auditors or if they resigned. 2. The fourth paragraph states that there were no disagreements through August 9, 2004. Since September 9, 2004 is the date of dismissal/resignation, this is the date you should use for the disclosure in the fourth paragraph. Please revise. We urge all persons who are responsible for the accuracy and adequacy of the disclosure in the filings reviewed by the staff to be certain that they have provided all information investors require. Since the company and its management are in possession of all facts relating to a company`s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made. Nuway Medical, Inc. September 14, 2004 Page 2 In connection with responding to our comments, please provide, in writing, a statement from the company acknowledging that * the company is responsible for the adequacy and accuracy of the disclosure in the filings; * staff comments or changes to disclosure in response to staff comments in the filings reviewed by the staff do not foreclose the Commission from taking any action with respect to the filing; and * the company may not assert staff comments as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States. In addition, please be advised that the Division of Enforcement has access to all information you provide to the staff of the Division of Corporation Finance in our review of your filing or in response to our comments on your filing. Please file your amendment within 5 business days of the date of this letter or advise us when you will file the amendment. The amendment should include an updated letter from your former accountants indicating that they agree with the disclosures as revised. Any questions regarding the above should be directed to me at (202) 942-1809, or in my absence, to Robert Benton at (202) 942-1811. Sincerely, Robert Burnett Staff Accountant -----END PRIVACY-ENHANCED MESSAGE-----