To: trader14U who wrote (2900 ) 8/20/1999 12:06:00 AM From: Sir Auric Goldfinger Respond to of 19428
Perhaps Aaron Elwhine could learn something from this expose: "Four Men Linked to Stratton Oakmont Are Indicted on Stock-Fraud Charges By FRANCES A. MCMORRIS NEW YORK -- Four men with links to the defunct Stratton Oakmont Inc. penny-stock brokerage firm were indicted on charges of running a multimillion dollar Internet stock-fraud scheme. Federal prosecutors alleged in an indictment filed in U.S. district court in Brooklyn that Vincent Napolitano, 38 years old, Irving Stitsky, 45, Jordan Shamah, 41, and Robert Kessler, 40, manipulated the prices of eight small companies from 1997 through this summer. The four Long Island men were accused of illegally gaining a total of $5 million in cash and stock. Mr. Napolitano, a former Stratton employee, was the president of a firm that ran an Internet-investing Web site and an online newsletter, both of which were called "Stockplayer." The newsletter generated e-mail profiles promoting small publicly owned firms as investments. The indictment alleged that while Stockplayer disclosed that it received stock in some of the companies it promoted, the newsletter failed to mention other stock secretly received by domestic and offshore companies controlled by Messrs. Napolitano, Stitsky and Shamah. In addition, the Web site allegedly misstated the firms' financial results and prospects to encourage investors to buy stock. The defendants also allegedly sold stock they owned in the profiled companies at about the same time Stockplayer recommended investors should buy the same stock. Mr. Kessler, a principal of Paramount Securities Corp., Great Neck, N.Y., allegedly helped manipulate the prices of some of this stock by means of the over-the-counter bulletin-board trading system. Stratton Oakmont closed its doors in 1996 and filed for bankruptcy-court protection from its creditors the following year. Assistant U.S. Attorney Joel Cohen, in court papers, described Mr. Stitsky as a former Stratton executive vice president who was once the firm's highest-paid broker, earning more than $3.5 million a year. Mr. Shamah was a principal of Stratton, while Mr. Kessler was an assistant trader there. Messrs. Napolitano, Stitsky and Shamah allegedly participated in the Internet scheme after having been barred from the securities industry by regulators. If convicted, the defendants each face up to 25 years in prison and millions of dollars in fines, restitution and forfeiture. All of the defendants pleaded not guilty Wednesday. Anthony Collelouri, Mr. Stitsky's lawyer, said, "There's no case here." He added that the government is "frustrated" because it wasn't able to indict Mr. Stitsky on any charges related to Stratton. Mr. Kessler's lawyer, John Wallenstein, said, "We intend to fight the charges and ultimately be vindicated." Attorneys for the other defendants didn't return calls seeking comment. The Securities and Exchange Commission separately filed a civil lawsuit against the four defendants, accusing them of securities fraud in connection with the same activities."