To: Jeffrey S. Mitchell  who wrote (2114 ) 12/28/2000 3:23:07 AM From: EL KABONG!!!     Read Replies (1)  | Respond to    of 2117  Anyone remember Westergaard?interactive.wsj.com December 28, 2000                     SEC Sues Analyst John Westergaard,                    Two Related Firms for Stock-Touting                    By JOHN CONNOR                     Dow Jones Newswires                    WASHINGTON  -- The Securities and Exchange Commission sued                    analyst John Westergaard and two companies he controls, alleging that                    they touted stocks on the Internet and through news releases without                    revealing they had been paid to publish that analysis.                    The two corporate entities -- Westergaard.com Inc. and its wholly owned                    subsidiary, Westergaard Broadcasting Network.com Inc. -- settled the                    SEC's charges without admitting or denying wrongdoing, consenting to an                    order that permanently enjoins them from violating federal securities laws.                    Lawrence Ginsburg, the attorney representing WCI and WBN, said the                    consent agreement speaks for itself. He declined to comment further.                    Mr. Westergaard is fighting the charges, which include an allegation that he                    violated antifraud provisions of federal securities laws. During the period                    covered by the SEC's complaint, Mr. Westergaard was chairman,                    publisher and editorial director of WCI, and chairman of WBN. He also                    was WCI's majority stockholder.                    Mr. Westergaard, who resides in New York City, called the SEC's case                    against him "bizarre" and accused the agency of conducting a "three-year                    vendetta" against him.                    "This is a stock-touting case," said the SEC in its complaint, filed in U.S.                    District Court for the Southern District, in Manhattan. The agency is                    seeking a permanent injunction against Mr. Westergaard to bar him from                    further violations of federal securities laws, as well as unspecified civil                    penalties.                    The SEC's complaint alleged that the defendants charged small-cap                    publicly traded companies as much as $48,000 to publish positive reports                    about them that were disseminated through press releases, an Internet                    radio show and an Internet Web site. The complaint alleges that Mr.                    Westergaard misled prospective investors by falsely claiming his analysis                    was "independent."                    The SEC staff previously concluded an earlier investigation into the                    sufficiency of Mr. Westergaard's disclosures of compensation received in                    connection with stock recommendations without recommending an                    enforcement action against him.                    Write to John Connor at john.connor@dowjones.com