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To: quidditch who wrote (12529)6/18/2000 4:01:00 PM
From: Art Bechhoefer  Read Replies (1) | Respond to of 13582
 
Steve, one problem in establishing a factual basis showing intent to deceive or a conflict of interest is being able to tie specific short sales, sales of covered calls, or purchase of put options to knowledge about the information that was subsequently publicized. Chances are that the persons or organizations initiating the transactions may not have been connected DIRECTLY with the investment firms that were making the unfavorable comments.

If I call up my friend and say, "You know, I am going to be making some comments about Company X at a meeting tomorrow, and my comments might be taken as unfavorable," the examiners will have an awfully difficult time finding any financial or business relationship between my friend and me. Even if an examiner learns that we are friends, as long as I'm not an officer of the company or privy to company inside information, there is no violation.

The difference here, it would appear, is that there are at least indirect relationships that raise serious questions of impropriety.

Art