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To: Mary Baker who wrote (227)6/23/1999 1:15:00 AM
From: ahhaha  Read Replies (3) | Respond to of 963
 
I knew what you were doing and it is a violation of the '33 Securities Act. You are putting no money down in order to buy stock. The '33 Act was created because Congress believed a major contributor to the stock market crash of '29 was purchasing stock on 10% or less margins. Congress also created a wall between banks and securities houses so that a pyramid of credit wasn't possible. In recent years the lines of separation have been blurred between all these financial entities such that brokers act like bankers and banks act like brokers. The net effect is to enable the public to escape the intent of the law.

Etrade is in direct violation for failure to comply, negligence, and are subject to SEC fine and censure, possible loss of securities license as a broker/dealer and possible expulsion from the NASD. The credit card securing bank is also negligent and in violation of banking laws about extending credit to buy stock on margin under the '33 Act and are subject to censure and fine. The credit card company is negligent and in violation of misrepresentation of promotional financial instruments. The check issuing bank will have to cease this activity immediately.

You had better contact a lawyer and find out how to protect yourself from all these financial entities which will try to prove that you intended to defraud them. I don't believe that you're guilty. They are guilty of a form of inadvertent entrapment. They want you to use these checks to spend on non-securities purchases. They did not say that you were not to buy securities with them. At least I would guess they didn't. Etrade will argue that they can't distinguish between a check on a debit balance and one on a demand deposit balance so they can't be held responsible. The credit card company will sit on the securing bank and the bank will claim they have made caveats in the fine print.

This activity is similar to check kiting and if intent to defraud can be shown, it is a felony. Since I'm not a lawyer, I strongly suggest you contact one knowledgeable about securities law.




To: Mary Baker who wrote (227)6/23/1999 9:59:00 AM
From: RickT  Respond to of 963
 
Interesting, when I fill out a loan agreement, it usually says that I can not use the proceeds to purchase stocks.

How is that differenet than a credit card...