An excerpt from the testimony of Tom Gardner (The Motley Fool) in a Senate subcommittee hearing on securities fraud on the Internet, Mar. 22, 1999:
Senator Collins. Mr. Gardner, it is my understanding that The Motley Fool created a fictitious stock and then hyped it to show how easily investors can be sucked into the hype and to make investment decisions. You mentioned it in your written testimony, but because of time constraints did not in your oral presentation. Could you tell us a bit about that and what lessons you think can be gained from that experience?
Mr. Gardner. Certainly. When we started on-line in the early 1990's, we walked into an environment where there was a lot of loud promotion of what we consider to be very low-grade investment opportunities, again, unlisted stocks in the United States, over-the-counter stocks, or Vancouver Stock Exchange securities. Unfortunately, Vancouver is a lovely city, but their stock exchange stands out in my mind as a haven of very low-grade businesses, or a number of them. We tried, as best we could, as earnestly as we could, to teach people about the very spike that we saw on the graph earlier presented, and that there were small brokerage firms and individuals and companies participating in the promotion of their stock in an attempt to get a 30-cent share stock up to $2 over the next 2 weeks, and then they would turn and move to a new company. As outrageous as some of the claims of the companies were, there were enough inexperienced investors that these were successful scams. What we tried to do in teaching people was totally overrun by, again, a very creative and very critical move against education on-line at the time. So what we did was we created our own penny stock, our own foreign exchange, the Halifax Canadian Exchange----
Senator Collins. Which does not exist, correct?
Mr. Gardner. Which does not exist. We created this whole scenario on April 1, 1994, and walked through it over about a 6-day period, and during that period, we probably got 1,000 E- mails, a number of them from people saying, I cannot buy the stock. Where is this exchange? I have asked my broker to locate it. Then about 6 days later, we collapsed the entire story of Zeigletics, and we did so to really show step by step what happens when a thinly-traded micro-cap stock is promoted. I think Senator Levin has correctly found one, and I also agree that there are hundreds of examples, if not thousands of examples, of this over the last 5 years. And if there is one corner of the overall market to pinpoint to shed more light on for greater clarity to guide individual investors on, it is those companies that have the capitalization under $50 million that are not listed on our exchanges for which there is not a lot of public information. But we created that April fool's joke. We believe that is our national holiday at The Motley Fool, and we did so to really educate people about why these investment options really are options to be avoided.
Senator Collins. And Zeigletics sold what? What was the product?
Mr. Gardner. Zeigletics was selling linked sewage disposal systems around the world, and one can infer what we thought of their product based on that description.
Senator Collins. With a concentration in Chad, as I understand it.
Mr. Gardner. Exactly, and that is actually a critical component of so many of these scams, is that they are a business that is happening internationally that one could not verify. You could not travel down to the company headquarters very easily because they were doing business abroad. They were located abroad. They were listed on a foreign exchange. That kind of far-away nature and that remote, obscure business is something that I think untrained investors who have a belief that the way to make money off their savings is to gamble, and that has been reinforced in a number of places in our society, then think that they need inside information and a secret sauce investment approach to do well, and, therefore, those are the most attractive first options to them, unfortunately.
Senator Collins. The language you used also was very typical of what you see with the hyping of these penny stocks, saying that if you have not bought the stock yet, you are no player at all, a lot of times implying that someone is going to miss out on this exciting opportunity to, as our previous witness said, to get in on the ground floor. It is stunning to me that, given what you portrayed, that you had over 1,000 E- mails from people who were unhappy they could not find this fictitious stock. I think that suggests we have a long ways to go on consumer education in this area.
Mr. Gardner. We certainly do.
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