To: Bear Down who wrote (116458) | 6/5/2013 1:15:34 PM | From: StockDung | | | Porcari operated porn sites and now he is analyst for KNDI lol HEY SEC!! Peeping-N-Peeing was a site dedicated to spying by camera on women when they where going to the bathroom. Guess the SEC does not remember NCDR stock fraud
To: Arthur_Porcari who wrote (787) | 6/12/1999 3:59:00 PM | From: Q | Read Replies (2) of 1437 | | Arthur: www.peeping-n-peeing.com -- you registered this porno domain, didn't you?
Registrant:Angelique Photo Art Productions (PEEPING-N-PEEING-DOM) 10759 Valley Hills Dr. Houston, TX 77071 US Domain Name: PEEPING-N-PEEING.COM Administrative Contact: PORCARI, Arthur (AP2859) this1@HYPERCON.COM
networksolutions.com |
To: StockDung who wrote (951) | 6/13/1999 10:53:00 PM | From: Q | Read Replies (1) of 1437 | | another PORCARI porn site: FINEGIRLS.COM
Registrant: Photo/Art Inc. (FINEGIRLS-DOM) 10759 Valley Hills Dr. Houston, TX 77071
Domain Name: FINEGIRLS.COM
Administrative Contact: PORCARI, Arthur (AP2859) this1@HYPERCON.COM 713-771-3636 (FAX) 713-771-5544
| To: StockDung who wrote (951) | 6/13/1999 10:48:00 PM | From: Bear Down | Read Replies (1) of 1437 | | I think Porcari's friends may be closer to Siberia than Palermo.
From Floydies Links listing Art Porcari's address from Northern Lights (address taken from DL info. You first find APAproductions.com------- their info:
Registrant: Mikluhomaklai Sensation corp. (APAPRODUCTIONS2-DOM) 141, 24 Lenin st. Omsk, SIB 644024 RU
Domain Name: APAPRODUCTIONS.COM
Administrative Contact, Technical Contact, Zone Contact: Gross, Peter (PG6594) dompro@DMR800.COM +7 3812 313672 (FAX) +7 3812 311756 Billing Contact: Gross, Peter (PG6594) dompro@DMR800.COM +7 3812 313672 (FAX) +7 3812 311756
Now from the second link www.amateurexihbitionists.com (anothy PORCARI Porn site) you get the following:
If you submit your photos and either elect not to enter as "Amateur Angel of the Month" or your portfolio is not selected, then we will pay you $5.00 per picture that we elect to publically use. All images become the property of APA Productions and cannot be returned.
Any comments Ivan?? | To: StockDung who wrote (951) | 6/13/1999 10:47:00 PM | From: Q | Read Replies (1) of 1437 | | here's another Arthur PORCARI porn-site: AMATEUREXHIBITIONISTS.COM
Registrant:Photo/Art Inc (AMATEUREXHIBITIONISTS-DOM) 10759 Valley Hills Dr. Houston, TX 77071 Domain Name: AMATEUREXHIBITIONISTS.COM
Administrative Contact: <bPORCARI, Arthur (AP2859) this1@HYPERCON.COM 713-771-3636 (FAX) 713-771-5544
| Advanced Message Search Results
Subject | Title | Author | Date | JAWS;A P/E of 2 with 150%/yr E | Latest news... The whole crew at GW is preparing for the big short squeeze tha | PistolPete | 12/6/1999 | 2TheMart.com TMRT | Archer; Agreed, and while CReMe Porcari is just as stupid as Magliarditi, Hamo | jjs64 | 8/31/1999 | Business Wire Falls for April | I've been wondering the same thing: why no trading halt? More in the Smal | Janice Shell | 7/30/1999 | NCDR | Surelock; Great finds....until CRIM Porcari gets his wish and NCDR somehow get | jjs64 | 7/26/1999 | Mr. Pink's Picks: selected ev | Dale, do you think I am less credible because I choose to use an AKA? You mig | Mama Bear | 7/8/1999 | Anthony @ Equity Investigation | Forrest, I don't believe short sales have to be reported on OTC-BB like the | who cares? | 6/29/1999 | NCDR | "virtue" and "Porcari": two words that together don't s | Q | 6/27/1999 | NCDR | CRIM Porcari; If you were 1/100th as smart as you think you are you would call | jjs64 | 6/25/1999 | NCDR | Sometimes it is better to shut up and avoid bringing attention to an issue. NCDR | Mark Marcellus | 6/24/1999 | NCDR | Sometimes it is better to shut up and avoid bringing attention to an issue. NCD | J.Y. Wang | 6/24/1999 | NCDR | My nonsense?? You and daddy porco talk about shorting BB's as illegal and | Bear Down | 6/20/1999 | NCDR | The Complaint names Janice Shell,sure looks&sounds like you. Not sure how i | Janice Shell | 6/15/1999 | NCDR | The Complaint names Janice Shell,sure looks&sounds like you. Could it also | Ginco | 6/15/1999 | NCDR | Yet another one that can't tell one poster from the other. What is it with | Mama Bear | 6/14/1999 | NCDR | another Porcari porn site: FINEGIRLS.COM Registrant: Photo/Art Inc. (FINEGIR | Q | 6/13/1999 | NCDR | I think Porcari's friends may be closer to Siberia than Palermo. From Floy | Bear Down | 6/13/1999 | NCDR | here's another Arthur Porcari porn-site: AMATEUREXHIBITIONISTS.COM Regist | Q | 6/13/1999 | NCDR | 'Porcari', eh? .. could that have been anglisised from 'Porquerí | Janice Shell | 6/13/1999 | NCDR | Hoo, boy .. 'Porcari', eh? .. could that have been anglisised from ' | marcos | 6/13/1999 | NCDR | Thanks for the post Tide. I especially like this part: But the athlete's c | dumbmoney | 6/13/1999 | NCDR | Involuntarily resolved?? Why for art thou not a company no more? Arty, come | Bear Down | 6/13/1999 | NCDR | He's really slimey, isn't he? Wait'll you get to the part about hi | Janice Shell | 6/13/1999 | NCDR | thanks TG, hadn't seen it. some highlights for those that didn't read | Bear Down | 6/12/1999 | NCDR | Excuse please if this article has been published. elibrary.com Stockbro | TideGlider | 6/12/1999 | NCDR | CRIM Porcari; A little touchy that you've been busted? Buyer Beware!  | jjs64 | 6/12/1999 | NCDR | CRIM Porcari; No-one is impressed or intimidated with your shallow threats. Yo | jjs64 | 6/12/1999 | NCDR | Great stuff!! Arthur Porcari Angelique Studios 10759 Valley Hills Dr | Janice Shell | 6/12/1999 | NCDR | To: Arthur_Porcari (787 ) From: John G Saturday, Jun 12 1999 3:59PM ET Reply | steve31 | 6/12/1999 | NCDR | Arthur: www.peeping-n-peeing.com -- you registered this porno domain, didn' | Q | 6/12/1999 | NCDR | CRIM Porcari; Why not do a little research before you speak, everyone else can | jjs64 | 6/12/1999 | NCDR | Is this Our Arthur? All data from: networksolutions.com Porcari, A J ( | Janice Shell | 6/12/1999 | NCDR | Arthur, is this what gentlemen brokers do to their clients: the firm, acting t | Q | 6/11/1999 | NCDR | CRIM Porcari; Why do you continue this charade? Your cover has been blown. You | jjs64 | 6/11/1999 | NCDR | Perhaps Mr. Porcari will say "NCDR management is unaware of any trading ha | Mama Bear | 6/11/1999 | NCDR | CRIM Porcari; Oh look....NCDR halted by SEC! So sorry CRIM! Buyer Beware!  | jjs64 | 6/11/1999 | NCDR | You mean more public relation hype from a company that even major shareholder, | Bear Down | 6/8/1999 | NCDR | CRIM Porcari; I think a more likely scenario is con artists and scamsters who | jjs64 | 6/8/1999 | NCDR | "How many times have you call Arthur Porcari a felon/criminal?" None. | Mama Bear | 6/5/1999 | NCDR | I can tell you a few things about the company. First of all they have their d | Bear Down | 6/4/1999 | NCDR | re. felonies, to my knowledge nobody has convicted Arthur of one, but that migh | Q | 6/4/1999 | NCDR | Arthur Porcari - yes, my real name is Jacalyn Deaner, and having read the entir | Jacalyn Deaner | 6/4/1999 | NCDR | CRIM Porcari; In Honor of Mr. Pink you are now CREME Porcari. That being said | jjs64 | 6/4/1999 | NCDR | Gino; You had better believe there will be many many posts reiterating CRIM Po | jjs64 | 6/4/1999 | NCDR | CRIM Porcari; Will the "duration" be longer than your NASD suspensio | jjs64 | 6/2/1999 | NCDR | CRIM Porcari; To file so many Qs and Ks WITHOUT the associated NT filings indi | jjs64 | 6/2/1999 | NCDR | CRIM Porcari, you must mean the "high-end" products which were not in | jjs64 | 6/1/1999 | NCDR | Gino; Why dont you do a little research? John G did and this is what he found | jjs64 | 6/1/1999 | NCDR | CRIM Porcari...you must really believe your own BS to say your past is not dark | jjs64 | 6/1/1999 | NCDR | CRIM Porcari, your very presence indicates a scam at work. Dunavant's pres | jjs64 | 5/31/1999 | NCDR | Oh, whatever. I can't believe anyone actually believes that because someone | Mama Bear | 5/31/1999 | NCDR | "If this stock is a scam why is it holding up?" Did you not read the p | who cares? | 5/27/1999 | NCDR | I'm neither long or short,just waiting for a big drop. If this stock is a s | Ginco | 5/27/1999 | NCDR | What do you mean i'm not giving them a chance? You or Porcari one or both s | who cares? | 5/27/1999 | NCDR | Dude when a company makes a technological claim it is up to them to back it up, | who cares? | 5/26/1999 | NCDR | It is manipulation when it is NOT "investor" buying but rather above | jjs64 | 5/26/1999 | NCDR | Mr. Porcari, Why do you question everyone's position? You, the bankrup | Bear Down | 5/26/1999 | Zia Sun(zsun) | <<<Bear Down, it should be relatively easy to obtain trading records | Bear Down | 5/21/1999 | NCDR | Arthur Porcari, you have been exposed for what you are....a BANKRUPT CRIM. Your | jjs64 | 5/21/1999 | NCDR | you said "No Gordon, that is me and very proud of it. However, I am worth | Bear Down | 5/21/1999 | NCDR | A rehabilitated rat you say???? I am not convinced. Let me guess, these ar | Bear Down | 5/20/1999 | NCDR | bear down....I have been trying to understand what you mean by KUSH. I went ba | steve31 | 5/19/1999 | NCDR | Yea, Ok steve. Registrant: Stephen Porcari (KUSHONLINE-DOM) 800 Shelmar | Bear Down | 5/19/1999 | HITSGALORE.COM (HITT) | Yes, Porcari is indeed an interesting fellow, isn't he? Not to mention Dun | Janice Shell | 5/18/1999 | NCDR | Mr. Porcari, since the NASD considers you a criminal, and you have not disputed | realmoney | 5/18/1999 | NCDR | You are so full of it. OK smart ass, send me a video clip via "cinemai | Bear Down | 5/18/1999 | NCDR | Wow, I go away for 1 week and who appears on the NCDR board to hype this piece | jjs64 | 5/17/1999 | NCDR | The suspensions of Arthur J. Porcari and Michael T. Fearnow imposed in both acti | Janice Shell | 5/15/1999 | NCDR | >Anyone who is interested in understanding how a paid >tout operates shou | surelock | 5/15/1999 | 50% Gains Investing | Dale, you might be interested in the posts of one Arthur Porcari on the NCDR th | Mama Bear | 5/15/1999 | NCDR | It is interesting to note how those touting worthless stocks with the intenti | Mama Bear | 5/15/1999 | NCDR | Where does this info come from??? Please state your source. And Arty, Just | Bear Down | 5/14/1999 | NCDR | Let me get this right: when you want to post under your own name, you use your | surelock | 5/12/1999 | NCDR | Go away Porcari. Nobody wants to associate with a criminal like you. Besides, | realmoney | 5/12/1999 | NCDR | john, did you notice mr. porcari now has TWO SI accounts. one shows membershi | doc | 5/12/1999 | NCDR | searching anywho.com for 'Arthur Porcari' turned up exactly one p | Q | 5/12/1999 | NCDR | Here's a newspaper article that says Arthur "doesn't inspire inves | Q | 5/11/1999 | NCDR | NASD Notices to Members | Q | 5/11/1999 | NCDR | NASD Notices to Members | Q | 5/11/1999 | NCDR | Arthur Porcari: fined & suspended by the NASD June 1989 for insider trading | Q | 5/11/1999 | NCDR | When did he get off of it? How do we know that Porcari is his real name? Did | Mama Bear | 5/11/1999 | NCDR | Arthur, I'm just curious whether you were involved in "Porcari, Fearno | Q | 5/11/1999 | NCDR | OK, ok, I hate to keep waffling, but after that last post, Mr. Porcari is back | realmoney | 5/11/1999 | NCDR | Mr. Porcari, I have carefully read and re-read your post and have come to the c | realmoney | 5/11/1999 | NCDR | Mr. Porcari certainly managed to tag every cliched phrase ever used by a promo | Mama Bear | 5/11/1999 | |
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From: scion | 6/6/2013 5:02:52 AM | | | | SEC Charges Penny Stock Company and CEO for Illegal Stock Offering and Insider Trading
FOR IMMEDIATE RELEASE 2013-100
Washington, D.C., June 5, 2013 — The Securities and Exchange Commission today charged a microcap company that was ensnared in an SEC trading suspension proactively targeting questionable penny stocks, and also charged the CEO who illicitly profited from selling his shares while investors were unaware of the company’s financial struggles.
Additional Materials SEC Complaint sec.gov
The SEC alleges that Laidlaw Energy Group and its CEO Michael B. Bartoszek sold more than two billion shares of Laidlaw’s common stock in 35 issuances to three commonly controlled purchasers at deep discounts from the market price. Laidlaw did not register this stock offering with the SEC, and no exemptions from registration were applicable. Bartoszek knew that the purchasers were dumping the shares into the market usually within days or weeks of the purchases to make hundreds of thousands of dollars in profits. Laidlaw’s $1.2 million in proceeds from these transactions was essentially the sole source of funds for the company’s operations during most of its existence. Laidlaw, which is based in New York City, purports to be a developer of facilities that generate electricity from wood biomass.
The SEC alleges that these transactions diluted the value of shares previously purchased by common investors in the market, who were not told about the huge blocks of cheap stock Laidlaw was selling. Investors also were not aware that Laidlaw relied on these transactions to fund its operations entirely. The SEC suspended trading in Laidlaw stock in June 2011.
“Registration violations are often at the core of microcap fraud and we will vigorously pursue these violations wherever we find them.” said Andrew M. Calamari, Director of the SEC’s New York Regional Office.
According to the SEC’s complaint filed in federal court in Manhattan, Bartoszek violated insider trading laws when he personally sold more than 100 million shares of Laidlaw common stock from December 2009 to June 2011, and he made more than $318,000 in profits. Bartoszek was in possession of material, non-public information while making these trades on the basis of his insider knowledge about Laidlaw’s poor financial condition, the illegal fire sale of more 80 percent of Laidlaw’s stock, and adverse developments about Laidlaw’s business prospects. As a result of the volume of Bartoszek’s sales and the lack of current, publicly available information about the company, these sales also violated the registration requirements of the federal securities laws.
The SEC further alleges that Laidlaw and Bartoszek made subsequent false statements about the ownership of Laidlaw shares in SEC filings to register certain common stock following the trading suspension. Laidlaw and Bartoszek misled investors to believe that the purchasers of the two billion unregistered shares had acquired them to hold as an investment in the company. The filings falsely represented that these purchasers were the current “beneficial owner” of more than 80 percent of Laidlaw’s common stock, an assertion that only could have been true if the purchasers had not sold any of their Laidlaw stock. In fact, as Laidlaw and Bartoszek knew, the purchasers had long ago dumped all of the stock.
The SEC’s complaint charges Laidlaw and Bartoszek with violations of Sections 5(a) and 5(c) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934. The complaint also charges Bartoszek with violations of Section 17(a) of the Securities Act and secondary liability under Sections 20(a) and 20(e) of the Exchange Act for Laidlaw’s violation of Section 10(b) of the Exchange Act and Rule 10b-5. The SEC seeks disgorgement plus prejudgment interest, financial penalties, and injunctive relief, and is seeking penny stock and officer and director bars against Bartoszek.
The SEC’s investigation has been conducted by Michael Paley, Haimavathi Marlier, and Todd Brody of the New York Regional Office with assistance from the Microcap Fraud Working Group. Mr. Brody and Ms. Marlier will lead the SEC’s litigation.
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From: scion | 6/6/2013 11:33:45 AM | | | | SEC Warns Investors About Binary Options and Charges Cyprus-Based Company with Selling Them Illegally in U.S.
FOR IMMEDIATE RELEASE 2013-103
Washington, D.C., June 6, 2013 — The Securities and Exchange Commission today warned investors about the potential risks of investing in binary options and has charged a Cyprus-based company with selling them illegally to U.S. investors.
Additional Materials SEC Complaint sec.gov
Binary options are securities in the form of options contracts whose payout depends on whether the underlying asset - for instance a company's stock - increases or decreases in value. In such an all-or nothing payout structure, investors betting on a stock price increase face two possible outcomes when the contract expires: they either receive a pre-determined amount of money if the value of the asset increased over the fixed period, or no money at all if it decreased.
The SEC alleges that Banc de Binary Ltd. has been offering and selling binary options to investors across the U.S. without first registering the securities as required under the federal securities laws. The company has broadly solicited U.S customers by advertising through YouTube videos, spam e-mails, and other Internet-based advertising. Banc de Binary representatives have communicated with investors directly by phone, e-mail, and instant messenger chats. Banc de Binary also has been acting as a broker when offering and selling these securities, but failed to register with the SEC as a broker as required under U.S. law.
The SEC and the Commodity Futures Trading Commission (CFTC) today issued a joint Investor Alert to warn investors about fraudulent promotional schemes involving binary options and binary options trading platforms. Much of the binary options market operates through Internet-based trading platforms that are not necessarily complying with applicable U.S. regulatory requirements and may be engaging in illegal activity.
"Just because foreign companies can more easily communicate with American investors doesn't mean they should skirt our longstanding laws that protect investors by requiring registration of securities," said Andrew J. Ceresney, Co-Director of the SEC's Division of Enforcement. "Banc de Binary contacted U.S. investors through the Internet and YouTube but completely disregarded the U.S. securities laws' registration requirements. We will aggressively combat such conduct no matter where it originates."
According to the SEC's complaint against Banc de Binary filed in federal court in Nevada, the company began offering and selling binary options to U.S. investors in 2010. Banc de Binary induced investors to create accounts with the company, deposit money into those accounts, and then purchase binary options whose underlying assets include stock and stock indices. Banc de Binary's solicitation of U.S. investors has been quite successful and attracted some customers with very modest means. For example, one investor had a monthly income of $300 and a net worth of less than $25,000, and another customer was encouraged to deposit additional funds into his Banc de Binary trading account even after he informed the Banc de Binary representative that he was unemployed with less than $1,000 in his checking account.
The SEC's complaint seeks disgorgement plus prejudgment interest, financial penalties, and preliminary and permanent injunctions against Banc de Binary among other relief. The CFTC today announced a parallel action against Banc de Binary. The SEC's investigation was conducted by Leslie A. Hakala and C. Dabney O'Riordan of the Los Angeles Regional Office. The SEC's litigation will be led by John W. Berry and Ms. Hakala. The SEC appreciates the assistance of the CFTC in this matter.
The Investor Alert on binary options was jointly issued by the SEC's Office of Investor Education and Advocacy and the CFTC's Office of Consumer Outreach. The bulletin discusses in detail the potential risks of investing in binary options, and warns investors that they may not have the full safeguards of the federal securities and commodities laws if they purchase unregistered binary options that are not subject to the oversight of U.S. regulators.
"Investors should be aware of the potential for fraud in this area as well as of the reality that they can lose their entire investment," said Lori Schock, Director of the SEC's Office of Investor Education and Advocacy. "We strongly encourage investors to check the background of brokers and advisers and trading platforms before making a decision to invest. If investors can't obtain simple background information such as whether the financial professional is registered with the SEC or FINRA, then they should be extremely wary."
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sec.gov |
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From: scion | 6/6/2013 11:39:57 AM | | | | SEC Freezes Assets of Thailand-Based Trader for Insider Trading Ahead of Smithfield Foods Acquisition Announcement
FOR IMMEDIATE RELEASE 2013-102
Washington, D.C., June 6, 2013 — The Securities and Exchange Commission today announced an emergency court order to freeze the assets of a trader in Bangkok, Thailand, who made more than $3 million in profits by trading in advance of last week's announcement that Smithfield Foods agreed to a multi-billion dollar acquisition by China-based Shuanghui International Holdings.
Additional Materials SEC Complaint sec.gov
The SEC alleges that Badin Rungruangnavarat purchased thousands of out-of-the-money Smithfield call options and single-stock futures contracts from May 21 to May 28 in an account at Interactive Brokers LLC. Rungruangnavarat allegedly made these purchases based on material, nonpublic information about the potential acquisition, and among his possible sources is a Facebook friend who is an associate director at an investment bank to a different company that was exploring an acquisition of Smithfield. After profiting from his timely and aggressive trading, Rungruangnavarat sought to withdraw more than $3 million from his account on June 3.
"The speed in which we were able to bring this emergency action exemplifies the talent, tenacity, and commitment that the SEC staff brings to bear every day to keep our markets fair and investors safe," said Andrew Ceresney, Co-Director of the SEC's Division of Enforcement.
Merri Jo Gillette, Director of the SEC's Chicago Regional Office, added, "As alleged in our complaint, not only did the defendant trade out of the money Smithfield call options, he further pumped up his profits by purchasing single-stock futures, thereby reaping a total unrealized return on his investment of 3,400 percent in the span of eight days. We will act quickly and decisively to uncover and take action against insider trading no matter where the trader resides or what types of securities are used to profit from nonpublic information."
According to the SEC's complaint filed under seal yesterday in U.S. District Court for the Northern District of Illinois, Smithfield publicly announced on May 29 that Shuanghui agreed to acquire the company for $4.7 billion, which would represent the largest-ever acquisition of a U.S. company by a Chinese buyer. Smithfield, which is headquartered in Smithfield, Va., is the world's largest pork producer and processor. Following the announcement, Smithfield stock opened nearly 25 percent higher than the previous day's closing price.
The SEC obtained the emergency court order late yesterday on an ex parte basis. The order freezes the proceeds of Rungruangnavarat's securities purchases, grants expedited discovery, and prohibits Rungruangnavarat from destroying evidence.
The SEC's complaint alleges that Rungruangnavarat violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. In addition to the emergency relief, the SEC is seeking disgorgement of ill-gotten gains with prejudgment interest, a financial penalty, and a permanent injunction.
The SEC's expedited investigation, which is continuing, was conducted jointly by staff in the Enforcement Division's Market Abuse Unit and the Chicago Regional Office, including Kathryn A. Pyszka, Frank D. Goldman, R. Kevin Barrett, Benjamin J. Hanauer and Steven C. Seeger. The Market Abuse Unit is headed by Chief Daniel M. Hawke, and the Chicago office leadership in this matter are Regional Director Merri Jo Gillette and Associate Regional Director Timothy Warren. The SEC acknowledges the assistance of the Options Regulatory Surveillance Authority (ORSA).
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To: scion who wrote (116462) | 6/6/2013 2:00:25 PM | From: Cautious_Optimist | | | Rungruangnavarat??
Good thing he isn't a ballplayer; that name would never for on the back of a uniform.
I thought Saltalamacchia was the longest.
Lets compare visually:
Saltalamacchia Rungruangnavarat
OKAY, so I looked it up. The longest name ever in US sports was Dikembe Mutombo Mpolondo Mukamba Jean-Jacques Wamutombo.
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To: scion who wrote (116461) | 6/6/2013 2:27:18 PM | From: scion | | | U.S. regulators clamp down on Cyprus betting exchange
6/6/2013 By Douwe Miedema newsandinsight.thomsonreuters.com
WASHINGTON (Reuters) - U.S. regulators on Thursday charged a Cyprus-based company with illegally selling financial contracts to U.S. clients, the latest crackdown on online betting after Dublin-based Intrade was forced to cease trading.
The Commodity Futures Trading Commission and the Securities and Exchange Commission both filed lawsuits against Banc de Binary Ltd., saying it offered investments known as binary options that enable investors to bet on market prices.
Binary options are bets on the price of anything from shares to grains or foreign currencies, that either pay out the full agreed amount if these prices reach the level the investor has said they would, or nothing at all.
The regulators said Banc de Binary preyed on investors of modest means. The SEC's complaint noted that one Banc de Binary customer had a monthly income of $300, while another was encouraged to deposit additional funds even after he said he had no work and less than $1000 in the bank.
"Just because foreign companies can more easily communicate with American investors doesn't mean they should skirt our longstanding laws," Andrew Ceresney, co-head of enforcement at the SEC, said in a statement.
Banc de Binary did not respond to multiple requests for comment. It was not immediately clear whether the group has hired a lawyer for its defense.
"Much of the binary options market operates through Internet-based trading platforms that are not necessarily complying with applicable U.S. regulatory requirements," the two regulators said in a joint warning to investors.
In November, the CFTC sued the owner of Intrade, which allows speculators to bet on anything from the Papal conclave to the date of the next major terror attack, alleging it allowed unauthorized trading by U.S. customers.
Intrade has since ceased trading, closing and crediting all open bets to customer accounts. (Additional reporting by John Stempel)
newsandinsight.thomsonreuters.com |
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From: scion | 6/7/2013 1:53:30 PM | | | | SEC Charges Whittier Trust and Fund Manager in Insider Trading Investigation Into Expert Networks
FOR IMMEDIATE RELEASE 2013-105
Washington, D.C., June 7, 2013 — The Securities and Exchange Commission today charged a South Pasadena, Calif.-based wealth management company and a former fund manager with insider trading on non-public information about technology companies. The charges are the agency’s latest in its ongoing investigation into expert networks and hedge fund trading.
Additional Materials SEC Complaint sec.gov
The SEC alleges that Whittier Trust Company and fund manager Victor Dosti participated in an insider trading scheme involving the securities of Dell, Nvidia Corporation, and Wind River Systems. Dosti generated profits and avoided losses for funds he managed at Whittier Trust by trading on confidential information that he obtained from Danny Kuo, a Whittier Trust fund manager who Dosti supervised. Kuo was charged by the SEC in January 2012 and is currently cooperating with the investigation.
Whittier Trust and Dosti agreed to pay nearly $1.7 million to settle the charges.
“Time and again, Dosti received what he knew was inside information from Kuo and traded on it to generate illicit gains for the funds he managed,” said Sanjay Wadhwa, Senior Associate Director of the SEC’s New York Regional Office. “Now, he and Whittier Trust join a long list of insider trading perpetrators who have been held accountable by the SEC for their transgressions.”
The SEC has charged more than three dozen individuals and firms in enforcement actions arising out of its expert networks investigation, which has uncovered widespread insider trading at several hedge funds and other investment advisory firms. The first series of charges were brought in 2011.
According to the SEC’s complaint filed in U.S. District Court for the Southern District of New York, Dosti used non-public information obtained from employees at Dell and Nvidia to trade in advance of five quarterly earnings announcements in 2008, 2009 and 2010. Dosti reaped profits and avoided losses of more than $475,000 for Whittier Trust funds. Dosti also made $247,000 in illicit profits for Whittier Trust funds by trading Wind River stock based upon detailed information that Kuo obtained from an Intel employee about Intel’s confidential negotiations to acquire Wind River in 2009.
The SEC’s complaint charges Whittier Trust and Dosti with violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, and Section 17(a) of the Securities Act of 1933. Whittier Trust agreed to pay disgorgement of $724,051.62 plus prejudgment interest of $75,296.00 and a penalty of $724,051.62. Dosti agreed to pay disgorgement of $77,900.00 plus prejudgment interest of $2,951.43, and a penalty of $77,900.00. The settlements are subject to court approval and would permanently enjoin Whittier Trust and Dosti from future violations of the antifraud provisions of the federal securities laws. Whittier Trust and Dosti neither admit nor deny the SEC’s charges. The SEC acknowledges the cooperation of Whittier Trust in the investigation.
The SEC’s investigation has been conducted by Stephen Larson, Daniel Marcus and Joseph Sansone – members of the SEC’s Market Abuse Unit in New York – and Matthew Watkins, Justin Smith, Neil Hendelman, Diego Brucculeri and James D’Avino of the New York Regional Office. The case has been supervised by Sanjay Wadhwa. The SEC appreciates the assistance of the U.S. Attorney’s Office for the Southern District of New York and the Federal Bureau of Investigation.
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From: scion | 6/7/2013 2:04:22 PM | | | | SEC Charges Former Officer of Intermune, Inc. with Insider Trading
U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 22717 / June 7, 2013
Securities and Exchange Commission v. Bruce W. Tomlinson, Civil Action No. CV 13-2549 (RWW) (N.D. Cal.)
SEC Charges Former Officer of Intermune, Inc. with Insider Trading
On June 6, 2013, the Securities and Exchange Commission charged Bruce W. Tomlinson, the former vice president of finance, principal accounting officer, and controller of InterMune, Inc., a pharmaceutical company based in Brisbane, California, with having tipped his friend and former business associate, Michael Sarkesian, about material nonpublic information concerning the progress of InterMune’s application before a European Union regulatory body to market its drug Esbriet in the EU.
According to the Commission’s complaint filed in the U.S. District Court in the Northern District of California, in March 2010, InterMune submitted its marketing application to the European Medicines Agency. The complaint further alleges that an EMA advisory subcommittee, the Committee for Medicinal Products for Human Use ("CHMP"), began assessing the application and communicating with InterMune. By mid-November 2010, in the course of his employment, Tomlinson allegedly had become privy to material non-public information about the increasing probability that the CHMP would render a positive opinion and faster than had been publicly anticipated by InterMune. The complaint alleges that on November 17, 2010, Tomlinson emailed Sarkesian that, amongst other things, the European regulatory review process appeared "to be moving faster and better" than anticipated and that this impacted on "Company wide strategic decisions." On the basis of that information, Sarkesian allegedly directed the purchase of 400 out-of-the-money call options on InterMune common stock through a brokerage account held in the name of Quorne Limited in advance of a December 17, 2010 announcement that the CHMP had rendered a positive opinion. The price of the options increased over 500% on the news, resulting in $616,000 in alleged imputed profits.
Without admitting or denying the allegations of the complaint, Tomlinson has consented to entry of a final judgment permanently enjoining him from further violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, prohibiting him from serving as an officer or director of a public company for a period of five years, and ordering him to pay a civil penalty of $616,000. Based on the anticipated entry of a final judgment, Tomlinson has also consented to the issuance of an order in a separate administrative proceeding pursuant to which he would be suspended under Rule 102(e)(3) of the Commission’s Rules of Practice from appearing or practicing before the Commission as an accountant with a right to apply for reinstatement after five years.
A consent judgment was previously entered against Sarkesian and Quorne Limited pursuant to which, amongst other things, the defendants, without admitting or denying the Commission’s allegations, were ordered to disgorge $616,000. SEC v. Quorne Limited and Michael Sarkesian, 10-cv-9560 (GBD) (S.D.N.Y)/Lit. Rel. No. 22312 (March 30, 2012).
The Commission acknowledges the assistance of the Options Regulatory Surveillance Authority, the Swiss Financial Market Supervisory Authority, the Cyprus Securities and Exchange Commission, and the British Virgin Islands Financial Services Commission.
The Commission's investigation is continuing.
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From: scion | 6/8/2013 6:00:22 AM | | | | FINRA Granted Authority to Initiate Trade & Quotation Halts
Posted on June 7, 2013 securitieslawyer101.com
Recent SEC amendments to FINRA Rule 6440, grant authority for FINRA to initiate trading and quotation halts in OTC equity securities where it is necessary to protect investors. As amended, Rule 6440 grants FINRA the authority to impose foreign regulatory halts, derivative halts and extraordinary halts.
Extraordinary Event Halt
FINRA may halt trading and quotation if FINRA determines that an extraordinary event has occurred or is ongoing that has had a material effect on the market for the OTC equity security or the OTC ADR or has caused or has the potential to cause major disruption to the marketplace or significant uncertainty in the settlement and clearance process. Foreign Regulatory Halt
Rule 6440, as amended, allows FINRA to halt trading and quotation in OTC equity securities if the OTC equity security or the OTC American Depositary Receipt (ADR) is listed on or registered with a foreign securities exchange or market.
In order for FINRA to halt trading or quotiation of a foreign security, the foreign securities exchange, market, or regulatory authority overseeing the issuer, exchange or market, must have halted trading in the security for regulatory reasons other than a regulatory filing deficiency or operational reasons.
Derivative Halt
Rule 6440, as amended, also allows FINRA to halt trading and quotation in OTC equity securities if the OTC equity security or the OTC ADR is a derivative or component of a security listed on or registered with a national securities exchange or foreign securities exchange or market (listed security) and the national securities exchange, or foreign securities exchange or market imposes a trading halt in the listed security.
Procedures for Initiating Trading and Quotation Halts
FINRA will initiate a trading and quotation halt in the OTC market for an OTC equity security upon notice of a foreign regulatory halt or derivative halt from the the national and foreign securities exchange where the security is listed, overseeing regulatory authority of the exchange r another reliable third party source.
FINRA Rule 6440(b) as amended, clarifies that FINRA may continue the halt in trading and quoting in the OTC market for the OTC equity security as a result of a foreign regulatory halt or derivative halt until FINRA receives notice that trading has resumed in the security on the national or foreign securities exchange on which it is listed or registered, even if the halt is longer than 10 business days.
Further, FINRA may determine to extend an extraordinary event halt that has been initiated pursuant to the rule to continue in effect for subsequent periods of up to 10 business days each, if at the time of any such extension, FINRA finds that the basis for the halt still exists and determines that the continuation of the halt beyond the prior 10 business day period is necessary in the public interest and for the protection of investors.
The Rule provides that FINRA will disseminate appropriate notices regarding initiation and expiration of trading and quotation halts under Rule 6440. Notification of all trade and quote halts and resumptions will be posted to the Trade Halt section of FINRA’s website. In its release, FINRA reminded firms that upon issuance of a notice, quotations in any quotation medium and trading by any firm is prohibited as set forth in FINRA Rule 5260.
For further information about FINRA Rule 6440, please contact Brenda Hamilton, Securities Attorney at 101 Plaza Real S, Suite 201 S, Boca Raton Florida, (561) 416-8956, by email at info@securitieslawyer101.com.
This memorandum is provided as a general informational service to clients and friends of Hamilton & Associates Law Group and should not be construed as, and does not constitute, legal and compliance advice on any specific matter, nor does this message create an attorney-client relationship. For more information concerning the rules and regulations affecting the use of Rule 144, Form 8K, FINRA Rule 6490, Rule 506 private placement offerings, Regulation A, Rule 504 offerings, SEC reporting requirements, SEC registration on Form S-1 and Form 10, Pink Sheet listing, OTCBB and OTCMarkets disclosure requirements, DTC Chills, Global Locks, reverse mergers, public shells, go public direct transactions and direct public offerings please contact Hamilton and Associates at (561) 416-8956 or info@securitieslawyer101.com. Please note that the prior results discussed herein do not guarantee similar outcomes.
Hamilton & Associates Brenda Hamilton, Securities Attorney 101 Plaza Real South, Suite 201 South Boca Raton, Florida 33432 Telephone: (561) 416-8956 facsimile: (561) 416-2855 www.SecuritiesLawyer101.com
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