To: Anthony@Pacific who wrote (64485 ) 12/15/2000 6:59:56 PM From: StockDung Respond to of 122087 Providential Day-Trade Unit, Ex-Official Settle Fraud Charges Washington, Dec. 15 (Bloomberg) -- Providential Securities, Inc. a day-trading firm targeted recently by congressional investigators, agreed to pay more than $500,000 to settle charges it defrauded customers while raising money for the firm in 1998 and 1999, the National Association of Securities Dealers said. Henry D. Fahman, former chairman of the firm, a subsidiary of Providential Holdings Inc. in Fountain Valley, California, was permanently barred from the securities business, NASD said. Fahman was referred to NASD regulators by the U.S. Senate Government Affairs permanent subcommittee on investigations, which held hearings on day-trading abuses in November 1999 and February 2000. The panel was drawn to Providential ads targeting Vietnamese communities in Los Angeles and Orange County. ``Day trading -- it's a very simple game,'' one ad said. Between December 1998 and June 1999, Providential Securities sold its corporate shares to public customers through a ``private placement,'' said NASD. In a private placement, a firm offers a block of securities to an institutional investor or a small number of investors through private negotiations as opposed to selling them in a public offering. Such placements aren't registered with the Securities and Exchange Commission. Never Earned Minimum In its offering documents, the firm told investors that it would use part of the earnings from the private placement to register the firm as a New York Stock Exchange member. In fact, the company never earned the $500,000 minimum that it needed to complete the private placement, NASD said. Instead, Fahman, himself, kicked in part of the difference without disclosing it to investors. Instead of using the proceeds to register with NYSE, the firm used the money to pay routine operating expenses, the NASD said. The offering documents also failed to disclose prior NASD disciplinary actions against the firm and Fahman, the association said. ``As firms promote their activities through the Internet, it's important that what they put there is accurate and balanced,'' said Barry Goldsmith, executive vice president of NASD Regulation Inc., a subsidiary of NASD, which oversees all U.S. stockbrokers and brokerage firms. ``In this case, we made findings that some of the risks and limitations of what they were promoting were not fairly disclosed,'' he added in a telephone interview. Added David Greene, a senior NASD trial attorney: ``The NASD is closely scrutinizing the advertising representations, particularly those made over the Internet, by firms in general. Material misrepresentations and omissions will receive full scrutiny and stiff sanctions. Also, the NASD takes very seriously the representations made through private placement memoranda,'' Greene added in a telephone interview. Irving Einhorn, attorney for Fahman and the firm, said he had no comment. Fahman and the firm neither admitted nor denied the charges in the settlement. NASD also said Providential and Fahman improperly operated unregistered branch offices, allowed unregistered individuals to participate in its securities business and violated the NASD's advertising rules regarding Web sites. Providential Securities withdrew its NASD broker-dealer membership in October. Dec/15/2000 18:01 ET For more stories from Bloomberg News, click here. (C) Copyright 2000 Bloomberg L.P.