Mama, flodyie,
I'm no lawyer, but as I understand the boundary between Cramer and TheStreet, it has to do with their responsibility to manage editorial comment so unfair dissemination of information is prevented. I think the general principle of disclosure as it relates to electronic newsletters is that nobody is supposed to benefit by or trade on published content prior to its dissemination -- in this case, general availability on to their website. Dissemination is the assumed point where fairness returns -- the field is leveled. Cramer is also constrained from providing advice on individual investments through other channels (like private email) just like any other columnist who may benefit from unfairly disseminating such info -- prior to publication.
To enforce this, Cramer isn't supposed to see or influence other Street writers' pieces, nor they his, prior to publication. That's the "wall", in a nutshell. There's nothing that prevents any of them from publishing or acting upon information that is in the public domain and obtained legally.
On the other hand, since Cramer manages his own hedge fund, and talks to a lot of people in that context, it certainly doesn't hurt to inform him of this important information, assuming, as I do, that it was all obtained legally and is available in the public domain.
Ditto for sending this info to any other writer at TheStreet.
The writer who seems most interested in "stinky stocks" at TheStreet is Herb Greenberg. He discloses that he doesn't hold individual stocks, FWIW.
Hope this helps. Flodyie, welcome back. You've been missed. Although I currently have no position in CYOE (always subject to change) your determination and sacrifice to see justice triumph is an inspiration.
-- Alan |
