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Technology Stocks : Qualcomm Incorporated (QCOM)
QCOM 165.07-1.0%Nov 18 3:59 PM EST

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To: JGoren who wrote (145441)10/4/2006 5:58:32 PM
From: Art Bechhoefer  Read Replies (1) of 152472
 
JGoren--Regarding what the SEC can do, I have seen no rules or statutes that would permit prosecution of journalists or non-broker firms for publishing misleading information. The first amendment protects these guys, no matter how bad they are.

But New York State has a statute that is part of its General Business Law, which permits prosecution of those who attempt to manipulate the price of securities. New York also has the Martin Act, which allows the state attorney general to prosecute those involved in the financial markets for misleading statements. This statute has been used, somewhat successfully, by the present New York Attorney General Spitzer, who is now running for Governor.

Art
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