DAVID NO ONE BLAMES YOU FOR LEAVING AFTER YOU WERE THREATENED--THIS IS NOTHING TO TAKE LIGHTLY EVEN WHEN COUCHED IN SUCH "POETIC" LANGUAGE
_______________________________________________________ ================================================= This wasn't very nice either: exchange2000.com We have not found you to have a "VACUOUS HEAD" at all. _______________________________________________________ =================================================
Penny Stock Promoter Is Indicted
Nev. Man Cited for Role In Collapse of Va. Firm
A penny stock promoter who has been sued by the Securities and Exchange Commission over his role in the collapse of Systems of Excellence Inc. of McLean was indicted yesterday on witness-tampering charges by a federal grand jury in Las Vegas.
Barclay Davis of Las Vegas was charged with trying to arrange an "accident" in which a 67-year-old accountant who has testified against him would be pushed down a stairway as a warning to discourage him from aiding a far-reaching government investigation of Internet stock fraud.
Davis was ordered held without bond after SEC lawyers made public transcripts of wiretaps in which Davis discussed killing accountant Merle Finkel but said it would be best if he were just injured.
"Well, to put . . . totally put the lights out, that could be a bigger problem in the end. But an accident with a . . . severe injury, that . . . could send the right message," Davis said in a conversation with another person who was not identified in the transcript.
Finkel is an accountant who prepared financial statements for Systems of Excellence, a video teleconferencing company known by its stock-trading symbol, SEXI. The company last year filed for bankruptcy protection and went out of business, wiping out the investment of SEXI shareholders.
Davis is the fourth person to be indicted as the result of an investigation by a joint federal task force on securities fraud over the Internet. The investigation is being conducted by the SEC, the Internal Revenue Service, and the U.S. attorney's offices in Alexandria and Las Vegas. SEXI is one of at least a dozen small companies whose stock prices were allegedly manipulated through electronic newsletters touting the shares.
SEXI Chairman Charles Huttoe pleaded guilty to securities fraud charges in the spring and is now serving a federal prison sentence in Florida. Last week the editor of an electronic newsletter that touted SEXI stock, who had pleaded guilty to securities fraud charges, was sentenced to a year in prison. Finkel, who has also pleaded guilty to securities law violations, remains free on bond pending sentencing.
Court documents filed yesterday in Nevada identify Davis as a target of the investigation and say prosecutors were preparing securities fraud charges when they learned of the threat against Finkel.
In the wiretaps, Davis suggests that someone named Oscar could be recruited to lure Finkel to an office in Los Angeles and then attack him.
"You know, Finkel just needs to fall down the stairs," Davis said, according to the transcript. "He slipped and fell; have a witness there to say they saw him take a slip and that's the end of it. It's a perfect setting, the stairs are far enough down, he takes that flight of stairs, he's going to end up with broken bones.
"If Oscar is in this back corridor, comes up behind him, foot in the back, he goes tumbling down the stairs, 'Que Sera Sera.' "
Davis's attorney, Dominic Gentile, did not return a phone call last night seeking comment. |