From today's SEC Digest:
SEC SETTLES INTERNET TOUTING CASE AGAINST JOHN WESTERGAARD
On October 11, the Honorable Deborah A. Batts entered a Final Judgment by consent concluding the Securities and Exchange Commission's litigation against John Westergaard. The Commission's complaint, filed on December 27, 2000, alleged that Westergaard and his companies, Westergaard.com, Inc. and Westergaard Broadcasting Network.com, Inc., violated Section 17(b) of the Securities Act by failing to fully disclose the compensation they received to promote issuers. The complaint further alleged that John Westergaard violated Section 10(b) of the Exchange Act and Rule 10b-5 thereunder by falsely claiming his Internet site provided "independent" analysis. Without admitting or denying the Commission's allegations, Westergaard consented to the entry of a permanent injunction against future violations of Section 17(b) of the Securities Act. The Court did not impose a civil penalty on Westergaard based on his sworn Statement of Financial Condition. [SEC v. John Westergaard, et al., USDC, SDNY, Civil Action No. 00-9776, DAB] (LR-17192)
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