To: Graystone who wrote (385 ) 6/30/2001 7:59:01 PM From: CountofMoneyCristo Read Replies (1) | Respond to of 3143 <font color=green>Mr. Asser's contention is that the trade commission has become the basis of the stock recommendation and that brokers and chat site operators are working together. Exactly - and to the Devil with clients. Thank-you for such a clear explanation. In these things, it is important to boil the complex down to the easily understandable. However, there are other charges on top of this one. Though I cannot go into specific detail here, please consider the following scenario: ...Imagine a brokerage firm and its staff which, in addition to performing normal brokerage functions, also trades for its own account, either directly or through surrogates, during the day, and that that firm and that staff have criminal intent - or front-running , as has been alleged against "TokyoJoe" by the Securities and Exchange Commission, which case was settled for nearly $800,000 - and that that firm and its staff wish to secure an advantage over their clients in the markets, how simple a matter this would be. While considering this, open your trading software during the course of any volatile trading day, with stocks jumping 5-10% in minutes, and remember that brokerage firms employ top software engineers. Consider how often shorts are "unavailable" or "glitches" stall order execution for precious seconds and/or minutes. Consider how easily, in the wrong hands, knowledge of the trades of a vast number of day traders may be employed to front-run clients. Consider how that absolute knowledge and control over order execution software might be gathered together in a software program designed to monitor clients, and illegally exploited, again, in a scenario where criminal intent to defraud reigns supreme... Finally, please consider the following, not conjecture but plain fact: DURING MY OWN TRADING CAREER, MY PRIVATE AND CONFIDENTIAL TRADE POSITIONS WERE DISSEMINATED BY BROKERAGE STAFF TO CHAT SITE OWNERS WITHOUT MY PERMISSION. This raises the question: if brokerage firms find the deliberate kicked-back churn manipulation of traders through controlled, deceitful chat site investment advice a quite acceptable and legitimate business practice, would they stop there? Would they condone only this "gray area" while deciding that manipulating stock prices would be out of the question? Now you may begin to realize just how serious a matter this truly is. If this last charge is proven in court, then it is quite possible that the United States Attorney's Office may be compelled to become involved, bringing, indeed, criminal charges punishable by prison sentence. They would be justified, wouldn't they? No, no one forced day traders to execute their stock transactions through explicit (I use that word intentionally here) threat of violence, as the brokers/sites invariably argue; however, the fact remains that theft, whether armed or not, is still theft. Therefore, perhaps those who are affiliated with brokerage firms may begin to question these associations, and begin to realize that those who have not accepted any personal or professional responsibility whatsoever for their actions, the brokers, must, at a bare minimum, be held to the same standard as you say traders should be, don't you think? Olivier