SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Strategies & Market Trends : A@P, Can we trust him, -- Ignore unavailable to you. Want to Upgrade?


To: ztect who wrote (60)6/10/1999 9:06:00 AM
From: .com  Read Replies (2) | Respond to of 381
 
Isn't it amazing that one can easily get such information from the NASD site?! I think it is great that such information is made available to investors so that they know exactly what they are dealing with when they get investment advice from someone.

Hmmm, I wonder if people are now going to threaten to sue the NASD for making such information available to the public?



To: ztect who wrote (60)6/10/1999 9:18:00 AM
From: .com  Read Replies (3) | Respond to of 381
 
That's funny. I just got an updated version of this report today via E-Mail from NASD and it doesn't include the gun charge anymore. Maybe they only report things going back a certain time period, or maybe things get "washed away," like names and pictures.



To: ztect who wrote (60)6/10/1999 12:30:00 PM
From: Anthony@Pacific  Read Replies (3) | Respond to of 381
 
Why exactly have you decide to join in this renewed attack..The info ia available for privtyae use by clients of NASD memebsr ..I am not a memebr of the NASDS by choice..I can pay the litytle puny fine and become a memebr..I choose not to ..as t it is a corrupt and derelicty boys club..BTW the NASD is NOT ..I REPEAT NOT A GOVERNMENT AGENCY It is a PRIVATE COMPANY where the officers make millions!!



To: ztect who wrote (60)6/10/1999 1:35:00 PM
From: .com  Respond to of 381
 
Hi is correct--NASD is not a government agency (not that anyone ever said it was). Here is some background on NASD:

The National Association of Securities Dealers is the largest securities-industry self-regulatory organization in the United
States. Through its subsidiaries, NASD Regulation, Inc., and The Nasdaq Stock Market, Inc., the NASD develops rules
and regulations, conducts regulatory reviews of members' business activities, disciplines violators, and designs,
operates, and regulates securities markets and services all for the ultimate benefit and protection of the investor. The
NASD has a governing Board with a majority of outside governors, a first in the securities industry. Working with the
governing Boards of the NASD and its subsidiaries are various corporate committees, advisory boards, and standing
committees comprised of volunteers from the securities industry and the public sector.



To: ztect who wrote (60)6/10/1999 7:07:00 PM
From: ztect  Respond to of 381
 
NOT confident of a little context man...??????????

PUBLIC DISCLOSURE PROGRAM
> RESPONSE TO REQUEST FOR INFORMATION
>
>
>
> The Board of Governors of the National Association of Securities
Dealers, Inc. (NASD) has adopted a public disclosure policy which permits certain types of disciplinary information on NASD member firms and their associated persons to be available to the general public. Section 15A(i) of the Securities Exchange Ac of 1934, as amended, requires registered securities associations to respond to
> inquiries regarding disciplinary actions involving its members
and their associated persons. The NASD believes that the general public should have access to information which will help them in their determination whether to conduct or continue to conduct business with an NASD member or any of the member's associated persons. In that regard, enclose please find th information you have requested.
>
> A list of the terms and conditions of the NASD Public Disclosure
Program is as follows:
> -------------------------------------------------------
> NASD PUBLIC DISCLOSURE PROGRAM
> TERMS AND CONDITIONS
>
>
> 1. Information provided through the Public Disclosure Program shall
be used ONLY:

> a) to assist in determining whether to conduct or continue
to conduct securities or commodities business with NASD. Member
Firms or Associated Persons;
> b) in judicial proceedings or arbitration proceedings
relating to securities or commodities transactions; or
> c) for other non-commercial purposes consistent with the
promotion of just and equitable principles of trade and the
protection of investors and the public interest.

> 2. Provision of information by the National Association of
Securities Dealers, Inc. and its subsidiaries (collectively, the "NASD") pursuant to the Public Disclosure Program does not constitute a waiver of any of the NASD's rights, privileges, or immunities with respect to the furnishing of disciplinary or
> registration information.

> 3. The NASD receives disclosure information from registered
persons, member firms, government agencies, and other sources, and there may be delays in the receipt and processing of such information. Information submitted on current filings about NASD registered firms and individuals requires at lease 15 business days of processing by the NASD before it can be viewed on this site
> or provided on a Public Disclosure Program report.

> 4. The NASD does not charge for this service, which is offered
pursuant to the NASD's responsibilities as a Self-Regulatory Organization, and,in particular, pursuant to Section 15A(i) of the Securities Exchange Act of 1934. In the provision of this service, the NASD makes no warranties of any kind, and disclaims liability to any person for any actions taken or omitted in good faith with respect to this Public Disclosure Program. The NASD is not
> responsible for and cannot verify information from sources other
than the NASD, and does not warrant or guarantee the accuracy or
completeness of the information requested. Neither the NASD nor any affiliate or supplier shall be liable for any cause of action in contract, tort, or otherwise, for more than the incremental telecommunications cost incurred to connect to the service. Notwithstanding the above, neither the NASD nor any affiliate or
> supplier shall be liable for any loss of income, trading loss,
or consequential, incidental, or indirect damages, regardless of
whether NASD has been informed of the possibility of such damages.

> 5. Disclosure information on firms and individuals no longer
registered with the NASD may occasionally be reported to and maintained by the NASD; however, such disclosure information has not been reviewed by the firms and individuals, and there is no regulatory requirement that terminated firms and individuals
> report any disclosure information to the NASD.

> 6. The Public Disclosure Program includes information provided to
the NASD by registered persons, member firms, government agencies,
regulators (including NASD Regulation, Inc.), and other sources.

> 7. I understand that this service employs proprietary software. I
agree that I will not give, sell, or license another person or entity access to the Public Disclosure Program, and I will not use any software, hardware, or system that permits multiple persons concurrent use of the Public Disclosure Program.
>
> I certify that I have read and understand all of the terms set
forth above and intend to form a binding subscription agreement with the NASD on those terms. If I am accepting this agreement on behalf of an organization, I certify that I have authority of that organization to enter into this agreement.
>
> The customer complaints listed in this report may include
allegations that have been filed with a firm, an arbitration forum, or a court, but that have not been verified or proven to be true. Therefore, you should not assume that all allegations that may be contained in this report are true or will be proven to be true. The NASD encourages you to discuss any concerns you may have with the information contained in this report with your firm or broker, who
can provide you with any further information you may require.
> -------------------------------------------------------------------------
-------
>
>
> ASSOCIATED PERSON: ELGINDY, AMR IBRAHIM
> CRD NUMBER: 1824634
>
> Associated Person: ELGINDY, AMR IBRAHIM
> CRD Number: 1824634
>

> 5/05/99 SUMMARY INFORMATION
>

> 5/05/99: 12/16/98 NASD SUSPENSION
>
> ACTION INITIATED BY: NASD; CASE/DOCKET NUMBER: NOT PROVIDED;
ALLEGATIONS: FAILING TO PAY AN ARBITRATION AWARD IN ARBITRATION CASE # 98-00005; HOW RESOLVED: NOT PROVIDED; RESOLUTION DATE: NOT PROVIDED; SANCTION:SUSPENSION.
> lm
>
>
>
> 5/05/99: 9/18/98 NASD REVOCATION
>
> ACTION INITIATED BY: NASD; CASE/DOCKET NUMBER: NOT PROVIDED;
ALLEGATIONS: FAILURE TO PAY FINES AND/OR COSTS IN NASD COMPLAINT CMS950207; HOW RESOLVED: NOT PROVIDED; RESOLUTION DATE: NOT PROVIDED; SANCTION: REVOCATION OF REGISTRATION. lm
>
>
>
> 5/05/99: 9/22/97 NASD SUSPENSION
>
> ACTION INITIATED BY: NASD; CASE/DOCKET NUMBER: CMS950207;
ALLEGATIONS: VIOLATION OF SOES RULE c)3(C) AND ARTICLE III, SECTION 1 OF THE ASSOCIATION'S RULES OF FAIR PRACTICE IN THAT ELGINDY EXECUTED 108 ORDERS THROUGH SOES FOR THE ACCOUNT OF A FIRM. VIOLATION OF ARTICLE III, SECTION 1 OF RULES OF FAIR PRACTICE FOR CAUSING FIRM TO ENTER NON-BONA-FIDE ORDERS FOR ACCOUNT OF FIRM. VIOLATION OF ARTICLE III, SECTION 1 OF RULES OF FAIR PRACTICE FOR FAILING TO ACKNOWLEDGE OR CONFIRM SALE OF SECURITIES TO 3 MARKET MAKERS WITHOUT EQUITABLE EXCUSE OR JUSTIFICATION. VIOLATION OF ARTICLE III, SECTIONS 1 AND
27 OF RULES OF FAIR PRACTICE FOR FAILING TO ENSURE THAT FIRM ESTABLISHED, MAINTAINED AND ENFORCED ITS SUPERVISORY PROCEDURES; HOW RESOLVED: DECISION AND ACCEPTANCE OF OFFER OF SETTLEMENT; RESOLUTION DATE: 9/22/97; SANCTION: CENSURE, FINE, SUSPENSION; TOTAL AMOUNT: $30,000; DATE PAID: NOT PROVIDED; ACTION/STATUS DISPOSITION DETAILS SUMMARY: SUSPENDED FROM ASSOCIATION WITH ANY MEMBER IN A PRINCIPAL CAPACITY FOR PERIOD OF 1 YEAR. SUSPENDED FROM ASSOCIATION
WITH ANY MEMBER IN ANY CAPACITY FOR 30 DAYS. FINE TO BE PAID IN 23 EQUAL MONTHLY INSTALLMENTS OF $500 WITH REMAINING AMOUNT TO BE PAID WITHIN 24 MONTHS OF 1

ACCEPTANCE OF OFFER BY NBCC. FIXED INTEREST RATE WILL BE ASSESSED
ON UNPAID BALANCE OF FINES AND/OR COSTS AND INTEREST RATE WILL BE 3% OF PRIME RATE AS PUBLISHED IN MONEY RATES COLUMN OF WALL STREET JOURNAL 1 DAY BEFORE INSTALLMENT PACKAGE IS MAILED. EXECUTED PROMISSORY NOTE FOR UNPAID BALANCE OF FINES AND/OR COSTS PLUS INTEREST IS REQUIRED, AND WITHIN 60 DAYS OF ACCEPTANCE OF THIS OFFER OF SETTLEMENT MEMBER FIRM WITH WHOM ELGINDY IS PRESENTLY ASSOCIATED SHALL REVISE AND IMPLEMENT WRITTEN SUPERVISORY PROCEDURES SPECIFICALLY WITH RESPECT TO OVERSEEING ELGINDY'S ACTIVITIES TO
DETER RECURRENCE OF CONDUCT ALLEGED IN COMPLAINT. WITHIN 60 DAYS OF
ACCEPTANCE OF OFFER OF SETTLEMENT, ELGINDY SHALL PRODUCE COPY OF THESE PROCEDURES TO MARKET REGULATION COMMITTEE. SUSPENSION IN PRINCIPAL CAPACITY WILL COMMENCE WITH OPENING OF BUSINESS 11/17/97 AND CONCLUDE 11/16/98. SUSPENSION IN ALL CAPACITIES WILL COMMENCE OPENING OF BUSINESS 11/17/97 AND CONCLUDE 12/16/97. 9/18/98 - REVOCATION FOR NON-PAYMENT OF FINES AND/OR COSTS.sc
>
>
>
> 5/05/99: 7/25/97 OHIO DENIAL OF REGISTRATION
>
ACTION INITIATED BY: OHIO DIVISION OF SECURITIES; CASE/DOCKET
NUMBER: 97-274; ALLEGATIONS: NOT OF GOOD BUSINESS REPUTE AS TERM IS DEFINED IN OHIO
ADMIN. CODE RULE 1301:6-3-19(D)(G) & (9) AND OHIO REVISED CODE SECTION
1707.19(A); HOW RESOLVED: ORDER; RESOLUTION DATE: 7/25/97; SANCTION: DENIAL OF REGISTRATION.sc
>
>
>
> 5/05/99: 8/26/94 NASD ARBITRATION
>
> DATE INITIATED: 1/19/94; ALLEGATIONS: UNAUTHORIZED TRADING,
CHURNING, MISREPRESENTATION; ALLEGED COMPENSATORY DAMAGE AMOUNT: $42,195.00;
FILED WITH: NASD; DOCKET/CASE NUMBER: 93-04347; CURRENTLY PENDING: NO;
DISPOSITION TYPE: AWARD; AWARD AMOUNT: $5,000.00; DISPOSITION DATE: 8/26/94.sc
>
>
>
> 5/05/99: 9/23/93 NASD ARBITRATION
>
> DATE SERVICE RECEIVED: 2/22/93; ALLEGATION(S): UNAUTHORIZED
TRADING; ALLEGED COMPENSATORY DAMAGE AMOUNT: $96,892.69; FILED WITH: NASD;
DOCKET/CASE#: 92-04071; CURRENTLY PENDING: NO; DISPOSITION TYPE: AWARD; AWARD
AMOUNT: $30,000.00 JOINTLY AND SEVERALLY; DISPOSITION DATE: 9/23/93 hk
>
>
>
> 5/05/99: 9/19/86 CALIFORNIA CRIMINAL ACTION
>
> ARRESTING AGENCY LOCATION: LOS ANGELES, CA; DOCKET/CASE NO:
2079668-E; CHARGE DATE: 9/9/1986; CHARGE: ASSAULT WITH A DEADLY WEAPON; DISPOSITION
TYPE: 2

NOT PROSECUTED; DISPOSITION DATE: 9/19/1986. em



To: ztect who wrote (60)6/10/1999 7:11:00 PM
From: ztect  Respond to of 381
 
CONTEXT.....To: ztect
From: xxxxxxx Sunday, Jan 24 1999 2:34PM ET

Well, your post to me may be on target. Thanks. The world
isn't simple or honest, especially in an impersonal
environment focused on making money. Twice I've been around
people who were sociopaths, whose appearance was truly at
odds with their actions - the clues were almost invisible
until the end. In one case, the hustler defeated his
opponent by constantly surreptitiously infuriating him,
which led to behavior that most people could not stand.

I'm not blindly following Tony, but now that you've reminded
me, I'll pay more attention when I read and write.

xxxxxx
========================================================
Pumping FIRST..than Bashing 7 Shorting later possibly on inside info????

Message 7450876

To: Anthony@Pacific (5932 )
From: ztect

Sunday, Jan 24 1999 8:02AM ET

Re: KTEL... Elgindy...Aren't you forgetting SOMETHING???.....

Per your latest words.......Jan 24 1999 3:21AM EST

"...I then went and asked for printouts on CDNW and others that were selling music via the net so I could do some follow up work..

I didnt like what I saw..I saw that CDNW adn the other Internet music retailers had huge market values and no sales to speak of..KTEL had a tiny market cap and over 100,000,000 in sales( RELATIVELY) and I immediately realized that the Publics perception was insanely out of adjustment and the beginning of what we know call intermania was upon us..I contacted my traders at home and told themn [SIC] that I was reversing my recommendation immediately,, they told me what I already knew ,, that we would and could lose lots of money becasue [sic] we were short 20,000 shares +..

My Sell rating was announced after the close and the Firms short was already established.. The reversal occurred before the market opened the next day..so it is obvious that Key West never was abvle [sic]to benefit from the Sell recommendation and was hammered because of my reversal.. the only reason I did this was because My integrity [joke?] is worth a whole lot more than whatever the loss may have been and I was interested in being honest, even though I have never known a Firm to ever reverse itself prior to adjusting its inventories..

It was not fun and it was not pleasant doing it..but I couldnt stand behind the SELL..after doing the due-diligence ..I should have done before announcing anything..."
=====================================

Integrity? You caused a short squeeze which "coincidentially" created a pump and you said you sold "at 76.00" (still have to check charts to verify tops)...then somehow JUST prior to Nov. 17th release of SEC filings...Tony you then "coincidentially" took a short position at or around Nov. 10th...when you first appeared on KTEL thread with this short position and nothing but BAD things to say.

Remember this is what you just said (Jan 24 1999 3:21AM EST)

("..but I couldnt stand behind the SELL..after doing the due-diligence ..").

Now Tony you wouldn't of happened to know about the filing would you? Trading on inside info, huh?

Tisk...tisk...

First you pump them...then you shiet on them to cover your shorts... hurting people both ways...

How much money did you really lose...???? Your clients apparently...and not your own....Looks like you made out like a bandit. Selling "at 76" and shorting down to 10 from at least 30...

Wish I could sustain those kinds of "losses"....:-D.....!!!

We appear to have two very different versions of what has occurred...you seem to have omitted 1/2 the facts before concocting your "story"...Did you forget all of your previous comments????

Purposeful omissions???? Please explain...for your "integrity" seems again to be in doubt.

the SI transcripts are below..

Sincerely,

ztect

cc. enforcement@sec.gov

===================================================
====================================================
Message 6367109

To: Gary Ku (2488 )
From: Anthony@Pacific
Tuesday, Nov 10 1998 7:22PM ET

Gary lets not carried away, stick to the published facts please...Ktel has 4.82 million in the float and a couple of million available within the next 3 months...Short is probably around 1.5 to 2 million after today....

You only hurt yourself by making stuff up....Thanks
============
========================
Message 6368212

To: Gary Ku (2492 )
From: Tom Hua Tuesday, Nov 10 1998 8:21PM ET
Reply # of 3109

Gary, it's mistaken to think every e-commerce stock is a potential amzn, it just ain't so. Although Ktel Express was launched in May with all the big commotion that drove its stock up to the moon, online sales from Ktel Express were insignificant, per the company CEO/Chairman.

CDNW and NTKI combined have all the major portals locked up (Yahoo, Excite, AOL, Lycos, Infoseek, Disney, Netscape, Ticketmaster, VH-1, etc...) and they are still having a tough time competing against AMZN. CDNW/NTKI are paying tens of millions of dollars each year to become the online music sellers on those sites, only to find out that sales will probably never make up for the advertising/marketing costs. Already, NTKI is defaulting on its $12 MM payment to Ticketmaster. How much money does Ktel have? In the end the party that benefits from today's announcement is MSFT.

Another thing to keep in mind is that AMZN is followed by about 20 WS analysts, KTEL has absolutely no WS following, other than one or two unknown "analysts" who occasionally do a P&D job on this stock.

KTEL will continue to have wild swings in the next couple of days, but give it a week or two, KTEL will likely be in the single digits again. It's just a game of musical chair with this P&D stock.When the game is over, some people will get hurt badly.

Regards,

Tom

PS: I did short a bundle at 28 5/8. It wasn't fun watching the screen in the 2 mins after my order was filled. But the last 15 min of traing was fun

==================
Message 6368711
To: Tom Hua (2496 )
From: Anthony@Pacific
Tuesday, Nov 10 1998 9:07PM ET

I [Elgindy] was one of the analysts that initiated coverage 2 at 76.00when I was still at a NASDAQ Firm back in April, My buy Reco.at 21 ( pre-split) was released on April 15th,, followed by my SEll on May .

Released On Businesswire and on Bloomberg

I think we have a peak of roughly 35 to 38..but considering all the Yahhoo's that trade this stuff on a daily basis..I welcome any runs up as it provides a great oppurtunity to increase a short or start one...

===================
Message 6379196

To: USRX888 (2565 )
From: Anthony@Pacific Wednesday, Nov 11 1998 2:44PM ET
Reply # of 3109

WELL..the climax is over ...the fun is gone and the news is out....Turn out the lights ...I'll see K-Tel at 10 bucks again..

Its a good short( NOW at 30 Plus) and with insiders like these ...there will be no shortage of selling in the marketyy...
=====================
Message 6449452

To: randy (2669 )
From: Anthony@Pacific
Tuesday, Nov 17 1998 10:45AM ET

KTEL FACES DELISTING!!!!!!!!!

"..but I couldnt stand behind the SELL..after doing the due-diligence .." (Elgindy Jan 24 1999 3:21AM EST)

"...We believe that KTEL shares could actually trade in the $30- $ 50 range and still remain a good value for long-term holders. We now rate KTEL as a BUY on market dips" (April 17, 1998--Anthony Elgindy)

==================================
Message 6451329
To: TokyoMex (2674 )
From: Anthony@Pacific
Tuesday, Nov 17 1998 12:41PM ET

KTEL president knew about ktel Delisting when the stock was 6 1/2...about a week before all the Bullshit press releases...What a scam... they should all go to jail

=============================
Message 6368711
To: Tom Hua (2496 )
From: Anthony@Pacific
Tuesday, Nov 10 1998 9:07PM ET

I was one of the analysts that initiated coverage when I was still at a NASDAQ Firm back in April, My buy Reco.at 21 ( pre-split) was released on April 15th,, followed by my SEll on May 2 at 76.00.

Released On Businesswire and on Bloomberg

I think we have a peak of roughly 35 to 38..but considering all the Yahhoo's that trade this stuff on a daily basis..I welcome any runs up as it provides a great oppurtunity to increase a short or start one...

=========================================
Message 6536663

Bill, Here's a wannabe internet that should be on your list...

(11) Eleven to pennies????

Are you shorting K-tel. Check out the article I found.

=============================================
Message 6526608

To: Brentsky (2832 )
From: ztect Monday, Nov 23 1998 4:56AM ET
Reply # of 3109

IS K-TEL GETTING WHAT IT DESERVES?

Links:
redherring.com
redherring.com

=============================
Message 6526608

IS K-TEL GETTING WHAT IT DESERVES?

Links:
redherring.com
redherring.com

IS K-TEL GETTING WHAT IT DESERVES?
By Peter D. Henig
Red Herring Online
November 20, 1998

They say what goes around, comes around.

If so, K-Tel (KTEL) might have a lot more coming to it.

The disco-era music retailer, which conveniently reinvented itself as an Internet company at the first sign of Net-stock madness, has just disclosed in an SEC filing that it may soon be delisted from Nasdaq due to asset requirements. Delisting would force it to trade on the less-prestigious and less-liquid Nasdaq small-cap market.

And that's not all. San Diego law firm Milberg Weiss -- the bane of many a high-tech company -- announced on Thursday that it has commenced a class-action lawsuit on behalf of people who purchased K-Tel stock between October 27 and November 17.

The suit alleges that while K-Tel's shares surged in November from less than $7 to more than $39 a share on news that the company made plans to sell music over the Internet, it also concealed information about its potential Nasdaq delisting.

K-Tel had received notification from Nasdaq of the possible delisting more than three weeks ago, but did not disclose the news until its November 17 quarterly filing -- a big no-no in the eyes of the Securities and Exchange Commission, which requires any "material event" to be fully disclosed.

K-Tel president Larry Kieves stated that he did not consider the delisting to be a material event.[ editorial comment: stiffing too much glue? ] But the market thought differently, slicing K-Tel's stock in half.

An Internet player?

This is quite a comeuppance for a company that saw its stock soar after declaring itself an Internet play -- on the strength of a press release stating its e-commerce intentions.

"K-Tel deserves almost no valuation or listing, in my view," said Keith Benjamin, Internet analyst with BancBoston Robertson Stephens.

Mr. Benjamin should know: The Internet analyst is used to seeing -- and believing in -- high-growth Internet plays with little to no net profit, like Lycos (LCOS), Amazon.com (AMZN), and Sportsline USA (SPLN). But even by their standards, K-Tel's financials look downright poor.

For the three months ended September 30, 1998, sales fell 25 percent to $18.8 million and net losses totaled $3.1 million -- a stark contrast to year-ago net income of $1.2 million. When was the last time anyone heard of an Internet company without top-line growth?

"It's got a Zapata-like tone to it," said Dana Serman, Internet analyst with Schroder & Co. The Texas fish-oil company Mr. Serman referred to also declared itself an Internet play, going so far as to make a takeover bid for Excite (XCIT); since then, it's abandoned its portal ambitions and cancelled plans to buy 30-some Web sites.

"It's hard to imagine whether [K-Tel] was ever worth where the share prices got to," said Mr. Serman.

More trouble

The company also came under fire for not disclosing management changes.

Mr. Kieves was hired as president in October, replacing David Weiner who had left the company a month before. But K-Tel did not issue a press release concerning the management shift until November 3, leading Nasdaq to criticize the oversight.

"I've never owned K-Tel, never even considered it," said Ryan Jacob, portfolio manager of the Internet Fund. "It was all just hype which took on a life of its own."

The company now maintains that it can easily raise the cash to meet Nasdaq's minimum $4 million tangible net asset requirement for listing. Tangible net assets are defined as total assets, excluding goodwill, minus liabilities.

But the damage to K-tel's reputation and share price may be too extensive for any future revival -- in a catch-22, the decline in its stock may prevent the raising of needed capital.

K-Tel's plight may reveal that even in the ether of the Internet, some companies still have to prove their fundamental worth.

"The stock price was [is ]completely removed from their financial position," concluded Mr. Serman.
---------------------------------------------
========================
Subject: Bill Wexler's Profits of DOOM
To: ztect
From: Bill Wexler
Nov 23 1998 6:40PM EST
Reply #3800 of 4248

KTEL is a joke, I've mentioned it before for the amusement value. I still wouldn't touch it as a short though. The fact that it didn't crash immediately to pennies when the delisting announcement was made (coupled with the obvious fraudulent concealment of said delisiting by management) tells me that this stock should not be touched long or short.

My primary short target right now is DTLN.

======================================

BTW--- Interested in talking about Safety-Lock next?





To: ztect who wrote (60)6/10/1999 7:12:00 PM
From: ztect  Read Replies (2) | Respond to of 381
 
CONtext

Message 6367109

To: Gary Ku (2488 )
From: Anthony@Pacific
Tuesday, Nov 10 1998 7:22PM ET

Gary lets not carried away, stick to the published facts please...Ktel has 4.82 million in the float and a couple of million available within the next 3 months...Short is probably around 1.5 to 2 million after today....

You only hurt yourself by making stuff up....Thanks
============
Message 6368212

To: Gary Ku (2492 )
From: Tom Hua Tuesday, Nov 10 1998 8:21PM ET
Reply # of 3109

Gary, it's mistaken to think every e-commerce stock is a potential amzn, it just ain't so. Although Ktel Express was launched in May with all the big commotion that drove its stock up to the moon, online sales from Ktel Express were insignificant, per the company CEO/Chairman.

CDNW and NTKI combined have all the major portals locked up (Yahoo, Excite, AOL, Lycos, Infoseek, Disney, Netscape, Ticketmaster, VH-1, etc...) and they are still having a tough time competing against AMZN. CDNW/NTKI are paying tens of millions of dollars each year to become the online music sellers on those sites, only to find out that sales will probably never make up for the advertising/marketing costs. Already, NTKI is defaulting on its $12 MM payment to Ticketmaster. How much money does Ktel have? In the end the party that benefits from today's announcement is MSFT.

Another thing to keep in mind is that AMZN is followed by about 20 WS analysts, KTEL has absolutely no WS following, other than one or two unknown "analysts" who occasionally do a P&D job on this stock.

KTEL will continue to have wild swings in the next couple of days, but give it a week or two, KTEL will likely be in the single digits again. It's just a game of musical chair with this P&D stock. When the game is over, some people will get hurt badly.

Regards,

Tom

PS: I did short a bundle at 28 5/8. It wasn't fun watching the screen in the 2 mins after my order was filled. But the last 15 min of traing was fun

==================
Message 6368711
To: Tom Hua (2496 )
From: Anthony@Pacific
Tuesday, Nov 10 1998 9:07PM ET

I was one of the analysts that initiated coverage when I was still at a NASDAQ Firm back in April, My buy Reco.at 21 ( pre-split) was released on April 15th,, followed by my SEll on May 2 at 76.00.
Released On Businesswire and on Bloomberg

I think we have a peak of roughly 35 to 38..but considering all the Yahhoo's that trade this stuff on a daily basis..I welcome any runs up as it provides a great oppurtunity to increase a short or start one...

===================
Message 6379196

To: USRX888 (2565 )
From: Anthony@Pacific Wednesday, Nov 11 1998 2:44PM ET
Reply # of 3109

WELL..the climax is over ...the fun is gone and the news is out....Turn out the lights ...I'll see K-Tel at 10 bucks again..

Its a good short( NOW at 30 Plus) and with insiders like these ...there will be no shortage of selling in the marketyy...
=====================




========================
Message 6449452

To: randy (2669 )
From: Anthony@Pacific
Tuesday, Nov 17 1998 10:45AM ET

KTEL FACES DELISTING!!!!!!!!!

Message 6451329
To: TokyoMex (2674 )
From: Anthony@Pacific
Tuesday, Nov 17 1998 12:41PM ET

KTEL president knew about ktel Delisting when the stock was 6 1/2...about a week before all the Bullshit press releases...What a scam... they should all go to jail

Message 6368711
To: Tom Hua (2496 )
From: Anthony@Pacific
Tuesday, Nov 10 1998 9:07PM ET

I was one of the analysts that initiated coverage when I was still at a NASDAQ Firm back in April, My buy Reco.at 21 ( pre-split) was released on April 15th,, followed by my SEll on May 2 at 76.00.
Released On Businesswire and on Bloomberg

I think we have a peak of roughly 35 to 38..but considering all the Yahhoo's that trade this stuff on a daily basis..I welcome any runs up as it provides a great oppurtunity to increase a short or start one...

Message 6536663

Bill, Here's a wannabe internet that should be on your list...

(11) Eleven to pennies????

Are you shorting K-tel. Check out the article I found.
-----------------
Message 6526608

To: Brentsky (2832 )
From: ztect Monday, Nov 23 1998 4:56AM ET
Reply # of 3109

IS K-TEL GETTING WHAT IT DESERVES?

Links:
redherring.com
redherring.com

=============================
Message 6526608

IS K-TEL GETTING WHAT IT DESERVES?

Links:
redherring.com
redherring.com

IS K-TEL GETTING WHAT IT DESERVES?
By Peter D. Henig
Red Herring Online
November 20, 1998

They say what goes around, comes around.

If so, K-Tel (KTEL) might have a lot more coming to it.

The disco-era music retailer, which conveniently reinvented itself as an Internet company at the first sign of Net-stock madness, has just disclosed in an SEC filing that it may soon be delisted from Nasdaq due to asset requirements. Delisting would force it to trade on the less-prestigious and less-liquid Nasdaq small-cap market.

And that's not all. San Diego law firm Milberg Weiss -- the bane of many a high-tech company -- announced on Thursday that it has commenced a class-action lawsuit on behalf of people who purchased K-Tel stock between October 27 and November 17.

The suit alleges that while K-Tel's shares surged in November from less than $7 to more than $39 a share on news that the company made plans to sell music over the Internet, it also concealed information about its potential Nasdaq delisting.

K-Tel had received notification from Nasdaq of the possible delisting more than three weeks ago, but did not disclose the news until its November 17 quarterly filing -- a big no-no in the eyes of the Securities and Exchange Commission, which requires any "material event" to be fully disclosed.

K-Tel president Larry Kieves stated that he did not consider the delisting to be a material event.[ editorial comment: stiffing too much glue? ] But the market thought differently, slicing K-Tel's stock in half.

An Internet player?

This is quite a comeuppance for a company that saw its stock soar after declaring itself an Internet play -- on the strength of a press release stating its e-commerce intentions.

"K-Tel deserves almost no valuation or listing, in my view," said Keith Benjamin, Internet analyst with BancBoston Robertson Stephens.

Mr. Benjamin should know: The Internet analyst is used to seeing -- and believing in -- high-growth Internet plays with little to no net profit, like Lycos (LCOS), Amazon.com (AMZN), and Sportsline USA (SPLN). But even by their standards, K-Tel's financials look downright poor.

For the three months ended September 30, 1998, sales fell 25 percent to $18.8 million and net losses totaled $3.1 million -- a stark contrast to year-ago net income of $1.2 million. When was the last time anyone heard of an Internet company without top-line growth?

"It's got a Zapata-like tone to it," said Dana Serman, Internet analyst with Schroder & Co. The Texas fish-oil company Mr. Serman referred to also declared itself an Internet play, going so far as to make a takeover bid for Excite (XCIT); since then, it's abandoned its portal ambitions and cancelled plans to buy 30-some Web sites.

"It's hard to imagine whether [K-Tel] was ever worth where the share prices got to," said Mr. Serman.

More trouble

The company also came under fire for not disclosing management changes.

Mr. Kieves was hired as president in October, replacing David Weiner who had left the company a month before. But K-Tel did not issue a press release concerning the management shift until November 3, leading Nasdaq to criticize the oversight.

"I've never owned K-Tel, never even considered it," said Ryan Jacob, portfolio manager of the Internet Fund. "It was all just hype which took on a life of its own."

The company now maintains that it can easily raise the cash to meet Nasdaq's minimum $4 million tangible net asset requirement for listing. Tangible net assets are defined as total assets, excluding goodwill, minus liabilities.

But the damage to K-tel's reputation and share price may be too extensive for any future revival -- in a catch-22, the decline in its stock may prevent the raising of needed capital.

K-Tel's plight may reveal that even in the ether of the Internet, some companies still have to prove their fundamental worth.

"The stock price was [is ]completely removed from their financial position," concluded Mr. Serman.
---------------------------------------------

Also, see:

Message 6531309
Message 6531664
Message 6533334
Message 6536181

========================
Subject: Bill Wexler's Profits of DOOM
To: ztect
From: Bill Wexler
Nov 23 1998 6:40PM EST
Reply #3800 of 4248

KTEL is a joke, I've mentioned it before for the amusement value. I still wouldn't touch it as a short though. The fact that it didn't crash immediately to pennies when the delisting announcement was made (coupled with the obvious fraudulent concealment of said delisiting by management) tells me that this stock should not be touched long or short.

My primary short target right now is DTLN.

======================================



To: ztect who wrote (60)6/10/1999 7:14:00 PM
From: ztect  Respond to of 381
 
CONtext..........

206.99.246.11

0.87 nasdr.com

Excerpt: Disciplinary Actions Disciplinary Actions Reported For November NASD Regulation, Inc. (NASD RegulationSM) has taken disciplinary actions against the following f...

0.87 nasdr.com
No Title
Excerpt: NASD Regulatory & Compliance ALERT National Association of Securities Dealers, Inc. Volume 11, Number 4 December 1997 Contents Cover Stories NASD Reminds Member...

0.87 nasdr.com
No Title
Excerpt: Disciplinary Actions Disciplinary Actions Reported For November NASD Regulation, Inc. (NASD RegulationSM) has taken disciplinary actions against the following f...

Amr I. Elgindy (Registered Principal, Colleyville, Texas) submitted an Offer of
Settlement pursuant to which he was fined $30,000, suspended from association
with any NASD member in any principal capacity for one year, suspended from
association with any NASD member in any capacity for 30 days, and required to
produce a copy of his member firm's implemented written supervisory procedures
specifically with respect to overseeing his activities to deter and detect a
recurrence of the conduct alleged in the complaint. Without admitting or denying
the allegations, Elgindy consented to the described sanctions and to the entry of
findings that he caused his member firm to execute 108 orders through SOES for
the firm's account. The findings also stated that Elgindy caused his member firm
to enter non-bona fide orders through the SelectNetSM System for the firm's
account that were either timed out or canceled by Elgindy before they could be
executed. Furthermore, the NASD found that Elgindy caused trades reported to
ACT to be canceled by failing to acknowledge or confirm such trades. The NASD
also determined that Elgindy failed to ensure that his member firm establish,
maintain, and enforce supervisory procedures that would have enabled the firm to
deter and detect the above conduct.

Form U-4 The Uniform Application for Securities Industry Registration or Transfer. Representatives of broker/dealers or investment advisers must use this form to become registered in the appropriate jurisdictions and with the appropriate federal and self-regulatory organizations.




To: ztect who wrote (60)8/2/1999 11:13:00 AM
From: Gutterball  Read Replies (1) | Respond to of 381
 
Interesting post!