Rick, I don't find your comment <<Hey, what's this about "a previously bullish investor (Richard M.), causing him to unload some stock and contributing to a minor decline in price." Are we accusing Richard of manipulating PRLN? Come to think of it, Richard, did you affect HEC by your selling it, causing it to go down? :-)>> the least bit amusing. I have been very open on this thread and have honestly expressed my opinions, most of the time before I acted on them. Even kidding manipulation is very serious. I may just stop posting. Read the following:
Stock Regulators Fret Dangers Lurk for Investors Who 'Chat'
By DEBORAH LOHSE Staff Reporter of THE WALL STREET JOURNAL
Stock-market regulators are increasingly worried that dangers are lurking for investors in places like "misc.invest.stocks"; "techstocks.com"; the Motley Fool and other Internet and on-line stock-talk forums.
Such sites are the newest, hottest medium for discussing, dissecting -- and sometimes hyping -- companies, especially the smallest stocks found on the Nasdaq Stock Market, Nasdaq's OTC Bulletin Board or in the Pink Sheets put out by the National Quotation Bureau. America Online's Motley Fool, one of the most widely known and popular forums, has an estimated 250,000 households reading its site each month. Silicon Investor, a popular Internet site (http://www.techstocks.com), has 30,000 daily visitors posting 60,000 messages a month. And countless messages litter stock-specific web sites and so-called newsgroups such as alt.invest.penny-stocks.
Millions of shares are routinely traded after the markets close, seven days a week. While this after-hours trading takes place largely beyond the view of the millions of average investors who have fueled the market, it can have a huge impact on the prices they pay when traditional trading resumes.
While the opportunities for information and education are boundless on the Internet, regulators fear the dangers are, too.
"The Internet has lowered the barriers to entry for everyone, including those who would perpetrate fraud on the marketplace," says Rob Bertram, a Pennsylvania regulator and chairman of the Offers and Sales on the Internet Committee of the North American Securities Administrators Association.
One of the biggest problems is that what appears to be enthusiastic chatter may instead be orchestrated hype or outright fraud. But because people can use pseudonyms in many areas on-line, regulators can't immediately tell if the source of the chatter is an insider, a broker, promoter or an ordinary investor. That makes it tough for the National Association of Securities Dealers to police fraud or false advertising by brokers or Nasdaq companies under its jurisdiction, and for the Securities and Exchange Commission or the states to police fraud or unregistered securities over the Internet.
Attempt to Talk Up Teltrend
One America Online chatster dubbed "Wcrea48982" tried to enlist three other people to talk up Teltrend Inc., a St. Charles, Ill., maker of transmission products for telephone companies. He or she sent private electronic mail to three people who had seemed bullish on the company in past on-line posts, proposing the foursome buy Teltrend shares the morning earnings were due out from the company, then "hit ... every other board we can think of with note after note in an attempt to pick up followers" and raise the stock price. Instead of cashing in, the three people solicited exposed the botched attempt at boosting the stock by posting it for other investors to see. In an e-mail, the author refused to disclose his or her name.
The boards are also full of reckless predictions or half-truths. On April 6, someone dubbed "Tbonecarl" wrote that Fort Lauderdale, Fla.-based Home Link Corp., a minuscule, unprofitable telecommunications company, "has an institutional buyer and will add over 3.8 BILLION $$$ to the bottom line over next few months." While Home Link's stock didn't immediately rocket on Tbonecarl's hype, in late May and June the stock blasted from under $1 a share to around $20 on trading on the OTC Bulletin Board, Nasdaq's largely unregulated trading forum for tiny stocks. Trading was halted by the SEC June 10 and the SEC sued the company and its president, Matt Matson, in federal court in Miami for allegedly defrauding investors by misrepresenting its assets, revenue and Nasdaq-listing status in documents sent to investors. Mr. Matson didn't return calls for comment. Tbonecarl didn't return e-mail messages.
Investors are also inundated with seemingly in-the-know rumors and projections. Someone signing in as "Techie" on the Silicon Investor Internet forum noted that he or she had heard that compact-disk maker Nimbus CD International Inc. was "about to invest $25 million in Quixote" Corp., the parent of a rival CD maker, at the end of May. Spokeswomen for the two companies say that isn't true, and neither stock moved appreciably on the gossip. Techie, via e-mail, wouldn't disclose his or her name but wrote that the erroneous tip came from an undisclosed venture capitalist.
Runup in Comparator Stock
In some cases, on-line promotion appears to have originated with the company. Internet messages were flying during the rise of Comparator Systems, the fingerprint-identification company that had huge price and volume runups in May before trading was halted and ultimately sued for fraud by the SEC in federal district court in Los Angeles. Mitch Aunger, a member of Silicon Investor, passed on the seemingly inside dope that Comparator was "working on several deals with the major credit-cards [companies.]" Mr. Aunger said in an interview that a Comparator official told him about the deals, which he merely repeated.
Comparator's former president, Richard Floegel, who wasn't named in the SEC's suit, said that the company had merely made a sales call on MasterCard, but never had any deals in the works.
The NASD, which regulates the broker-dealer industry and the Nasdaq Stock Market, has geared up its monitoring of the Internet after it found that on-line chatter preceded or coincided with more than a half-dozen small stocks that had unusual movements in share price or trading volume. To root out possible stock manipulations, Nasdaq's market surveillance department now routinely searches a dozen or so on-line sites for mentions of stocks that have unexplained unusual trading activity.
In addition, NASD is now compiling profiles of lower-priced stocks that are vulnerable to being manipulated on-line or elsewhere. "We're trying to develop a pre-emptive strike ability," says Mary Schapiro, president of the NASD's regulatory arm, NASD Regulation.
Tracking Investment Scams
But in many ways regulators are still groping in the dark to figure out how the Internet could be used by manipulators and fraudsters, and how to pursue offenses when found.
"We have got to project into the future to see how the con artist is going to use this new tool," says David Weaver, general counsel to the Texas Securities Board. Tracking investment scams is easier than figuring out who is trying to manipulate a stock through on-line hype, regulators say. "An individual trying to rip off investors is going to leave a mechanism to get in touch with them," says Mr. Bertram.
Services like America Online will generally turn over the names behind the pseudonyms used on its service if regulators have a court order or subpoena, although America Online says it hasn't been called upon to provide names in any stock-fraud cases. Tracking the origin of Internet messages to a physical location has proved most daunting, regulators say.
The SEC has brought about seven or eight enforcement cases involving fraud or the sale of unregistered securities over the Internet. "But beyond that, we are looking at a lot of situations which may amount to fraud, where people seem to be using the Internet to put out false statements about listed companies," says Gary Sundick, associate director of the SEC's division of enforcement.
In the meantime, both NASD and the SEC have put out caveat emptor pamphlets that are electronically reproduced and posted in prominent places on-line. They hope education will deter investors from acting on "hot tips" from cyberspace.
Some argue that cyberspace can be a safer place for naive investors than the real world. Tom Gardner, co-founder of the Motley Fool forum, says that fraud is perennial, with tip sheets, cold-calling brokers, and radio and TV programs all potential sources of false information. But on-line, he notes, investors can write back and question would-be scamsters for others. "The beauty of the on-line medium is that these things can be responded to," says Mr. Gardner.
But when there is fraud, Mr. Gardner supports regulators' rights to subpoena records and clean out offenders. "Where there is illegality, regulators should be able to get in and get those names," says Mr. Gardner. |