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Microcap & Penny Stocks : Zia Sun(zsun) -- Ignore unavailable to you. Want to Upgrade?


To: c.horn who wrote (6868)2/23/2000 10:00:00 AM
From: Sir Auric Goldfinger  Respond to of 10354
 
"The SEC rejected rejected three Berkshire Hathaway requests to keep certain portfolio names confidential, forcing the firm to disclose recent activities.

Berkshire Moves May Be Posted
More Often Following SEC Ruling

What is Warren Buffett up to?

It is a question that investors, looking for
clues to copy the activity of the celebrated
investor, have been asking for at least a
couple of decades. But until now, they have
had to wait a year after the fact to find out exactly what Mr. Buffett's
Berkshire Hathaway Inc. is buying and selling.

Now, that may be changing.

The Securities and Exchange Commission has turned down three
Berkshire requests for permission to keep certain Berkshire portfolio
moves confidential, a ruling that has forced Berkshire to publicly disclose
recent investment moves well in advance of the company's wishes.
Berkshire has long made use of a little-known SEC regulation that allows
institutional holders to keep their investing activities from the public for as
long as a year.

Berkshire officials, who historically have declined to comment on the
company's investing moves, didn't return a phone call to their Omaha,
Neb., headquarters.

The SEC's decision for now applies only to Berkshire requests to keep
from the public's eyes certain company holdings at the ends of the first
three quarters of 1999.

Ironically, the SEC's action comes at a time when Mr. Buffett's earlier
ability to move a company's shares higher simply by showing interest in the
stock is waning. Berkshire's share performance has been lackluster lately
because of the company's big exposure to the insurance sector as well as
Mr. Buffett's aversion to technology stocks.

The filings in question involve SEC Form 13F reports that institutional
investors with more than $100 million in stockholdings are required to
disclose at the end of each quarter. Such investors can shield their stock
picks for about a year, however, by asking the SEC for a delay in the
public release of those forms. To get such a dispensation, the investors
must prove that disclosure of their portfolio changes could disrupt their
investing strategy. Berkshire has long used the confidential format to cloak
some of the more actively traded stocks in its portfolio, while reporting
some of its other, long-held, stocks in more conventional filing documents.

Each of the three so-called 13F-HR documents seeking disclosure delays
by Berkshire noted that the company originally had filed them "pursuant to
a request for confidential treatment," but that the requests had all been
denied on Feb. 4. "Berkshire has chosen not to appeal the denial of
confidentiality as to these securities," the filings note, "even though
Berkshire believes that its confidentiality request was appropriate."

While refusing to discuss Berkshire's situation in particular, Douglass
Scheidt, who is associate chief counsel of the SEC's
investment-management division, noted that the SEC automatically extends
confidentiality for certain investments that are part of an "ongoing purchase
acquisition or disposition" to protect the institutional holder's ability to get
the best price for a stock. But once the SEC decides that confidentiality is
no longer merited -- typically after reviewing a cluster of recent filings by
the holder -- it withdraws its permission for the stockholdings involved, the
SEC attorney noted.

Mr. Buffett's use of the confidential 13F has caused controversy in the
past. In 1997, Berkshire shifted its hefty Wells Fargo & Co. stake from its
public filings to its nonpublic documents; confused investors misinterpreted
the unexplained disappearance of the Wells Fargo stake as evidence Mr.
Buffett had dumped his holding in the bank's stock -- and Wells Fargo
shares suffered a sell-off until the confusion was cleared up.

The following year, the SEC announced it was tightening its oversight of
confidentiality requests, saying its staffers would "deny any
confidential-treatment request that doesn't make a compelling showing of
need."

Berkshire isn't the only investing company that shrouds its actions with the
confidential forms. Cascade Investment LLC, the investment vehicle for
Microsoft Corp. Chairman Bill Gates, has made use of the form, as has
investor George Soros's hedge fund.

Though Berkshire's actions are closely watched, its portfolio of equity
investments -- which is focused on providers of financial services and
consumer staples including Gillette Co., Coca-Cola Co. and American
Express Co. -- hasn't performed particularly well of late, as Mr. Buffett's
adherence to the "value investing" techniques has kept the company out of
the high-tech sector.

The decline in investors' esteem for his stock-picking skills was
underscored when Berkshire earlier this month disclosed a big reduction in
its General Dynamics Corp. holding as well as substantial new stakes in
such companies as Liz Claiborne Inc., Jones Apparel Group Inc., Dun &
Bradstreet Corp. and GATX Corp. The news didn't appear to cause any
change in the stocks of the companies involved.

Berkshire's complex filings Tuesday indicate, among other things, that the
reputed technophobe Mr. Buffett apparently took an undisclosed, and
modest, flier in Microsoft Corp.: Berkshire had accumulated $16.7 million
in Microsoft preferred Class A shares by the end of the 1999 third quarter,
according to one of Tuesday's amended 13Fs. The Microsoft A shares,
which matured in mid-December, didn't appear in Berkshire's year-end
public list of holdings."



To: c.horn who wrote (6868)2/25/2000 11:58:00 AM
From: Sir Auric Goldfinger  Read Replies (1) | Respond to of 10354
 
"At first glance, there was nothing unusual about the Capital Growth Report when it arrived in Backspace's snail-mail box. Of equal parts financial jargon and hype, the report - which charges US$78 for a year's subscription to what appeared to be four badly laid-out pages per month - seemed a typical tech-stock newsletter.

What made Backspace choke on his morning coffee was the pick of the month: an obscure public Internet company called ZiaSun Technologies. ZiaSun was known as Momentum Internet when it was based in Hong Kong. Three years ago, a magazine called The Dataphile revealed that Momentum was behind a stable of porn Web sites and phone chat lines that promised Bangkok Babes and China Dolls.

Thousands of spam messages advertising these services were sent from Momentum's free e-mail service.

While not admitting the spamming, Momentum and now ZiaSun president Anthony Tobin told Technology Post last year that the company no longer ran sex-related businesses. Instead, ZiaSun has latched on to other Web trends. It has an Asian search engine, a stock-trading portal, a financial news service, an advertising network and an auction site called AsiaForSale. It moved to San Diego in 1998 when it began trading over the counter in the US, while keeping most Web operations in Asia, mainly in Hong Kong and Manila.

While the company claims to be profitable on modest revenues - $9 million in the second quarter last year - it has been criticised by day traders and investors in the US, who have tried to puncture those claims. Mr Tobin had ZiaSun
respond by suing several day-trading and investment sites for alleged defamation.

While ZiaSun likes to hype its Web sites - 45 press releases last year - it doesn't appear to be making much
money. Most of ZiaSun's revenues came from two off-line subsidiaries, a Philippine-based printing
business called Momentum Asia and a US learn-how-to-day-trade seminar which charges $3,995 a
head, according to Mr Tobin.

So Backspace was puzzled why the editor of Capital Growth Report would hold such an optimistic view of
ZiaSun's
prospects. 'The company has a dominant position in the exploding Asian Internet market . . . We expect that
ZiaSun
stock will soon be valued with that of profitable peers such as CMGI, now trading in the [US]$80 range.' A visit
to Capital Growth's site (www.capitalg.com) shows it is designed and maintained by Momentum Internet and that
Capital Growth offers ZiaSun's Swiftrade stock-trading service to subscribers. Isn't co-operation and
alliance-building among Web companies heartening?


scmp.com

business.scmp.com



To: c.horn who wrote (6868)3/5/2000 10:33:00 AM
From: Sir Auric Goldfinger  Read Replies (1) | Respond to of 10354
 
The Industry Standard takes a well deserved swipe at WSJ reporting of ZSUN case. [Mr. Goldfinger concurs and will assist the IS in it's quest for understanding]:

"Will Details Follow on ZiaSun's Stock Chat Lawsuit?

Brevity may be the soul of wit, but not
necessarily thorough news accounts.
Media coverage of the dismissal of ZiaSun
Technologies' defamation lawsuit against
eight posters of stock-board messages
was short to the point of being
incomplete.

ZiaSun is a little-known company whose
shares trade on the over-the-counter
bulletin board, according to
TheStreet.com. Last June, it accused
eight Silicon Investor chatters of defaming
it. On Jan. 21, ZiaSun won a preliminary
injunction against one of the posters,
Floyd Schneider, preventing him from
making "false statements" about ZiaSun
while the case was pending, the Wall
Street Journal reported. Earlier this week,
U.S. District Judge Marsha J. Pechman
threw out the case, saying that the
Seattle location for the suit was not the
proper venue. ZiaSun had filed the suit
there because it's the location of Silicon
Investor's headquarters. The judge didn't
buy that line of reasoning and tossed out
the case.

Judge Pecham's decision also voided her earlier injunction, against the
posters, the Journal reported. The muffling of Schneider "struck a
nerve in the freewheeling world of Internet stock chatter," the paper
wrote. "It also surprised many legal experts, who said it was unusual
for such restraints to be granted in cases where freedom of speech
was an issue."

What did ZiaSun do to inspire the vigorous criticism, alleged to
include thousands of postings? Details were sketchy. The Journal
noted that ZiaSun alleged that the defendants had wrongly accused
the company and its executives of a scheme to mislead and defraud
investors. The cyber dissing was a conspiracy to drive down its stock
price, ZiaSun countered, according to the Journal.

All the brouhaha begs the question: If the issue was serious enough
to constitute a free-speech conflict, shouldn't outlets have provided
a few more details? What exactly were the defendants posting? Is
there any truth to the allegations, however loudmouthed they might
be? What kind of business is ZiaSun in? No one bothered to tell
readers. News reports pegged Schneider's online handle as The
Truthseeker. If only the media were as enthusiastic.

thestandard.net