GOOD MOVE I just posted this elsewhere after RESEARCH, like a dirt scam can not be taken lighly anymore: PROOVE it true on a asays basis that is standard...NOTHING but PROOFs with Standard Mining. Charles H Marshall, Reaseacher Disclaimer CISI prior. To:betone who wrote (35241) From: Chuca Marsh Friday, Aug 3, 2001 10:37 AM Respond to of 35242
35,000 posts and he get this YET, it is- North East, You are lost in the Desert, not an uncommon occurance. I sure thought that the new push wouldn't be from interfering elemental desert dirt BUT from OGM ( Oro Grande Mine ) where hopes of more consistannt Head Ored on PGM values would HOPED2OFBEFOUND, rather than a wash river mix. Humme, if they can do it....So is there more info, than that out? Is COC at 2 holes on IPM Black Rock Gold at 0.03 worth anything...and non COC 0.07 Platinum way back 1998? I still wonder about such things, and at this information drivel time table still will wonder into 2002 I suspect. Chuca P.S.- Tell the folks at new-IPM and old-GPGI, I ma not this Blue Sky Investor Dealer, I just stake now and do some reaseach for a fee: LOL: BTW read my Paid Discount July Reseach at CISI REMAKE board here Sovereign Resources, 250,000 shares like lots more than I have ever had BOUGHT WITH MY non Credit Card cash ...My own ... MONEY, here. I did not MORTGAGE THE HOUSE! Max the Cards thanks be. I always expected my friends to invest to there COMFORT LEVEL and I still do that. Must be these last 3 years ONLY the risk worth taking is ...you fill in the spaces... OFF TOPIC:::: sec.gov ""..//..a) Background
In 1994 and 1995 Gilbert Marshall was a broker-dealer registered with the Commission with its corporate headquarters in Greeley, Colorado. (Gilbert Marshall Answer ¶ 2; Tr. 746.) In 1994 Gilbert Marshall had from 4 to 8 branch offices, including one in Englewood, Colorado, which was known as the "Denver office." (Tr. 746, 754-55.) Lehl's corporation, D&L Investments (D&L) owned the Denver office from March 1994 through approximately mid-September 1994, when he sold the branch to Glaser. 42 (Gilbert Marshall Answer ¶¶ 10, 12; Lehl Answer ¶ 10 .) Gilbert Marshall represents that it is no longer in business. (Gilbert Marshall Brief at 28.)
Usher has been a securities broker since 1981. (Tr. 743.) He has passed the Series 7, Series 24, and Series 63 examinations. (Tr. 743-45.) In 1984 he became president and chief executive officer of Gilbert Marshall. (Tr. 744-45.) Usher ran Gilbert Marshall throughout 1994. (Tr. 746.) During that year he spent about one third of his time fulfilling his duties as chief executive officer, and the rest of his time servicing his personal clients. (Tr. 747.) He approved all order tickets and reviewed the trade blotters daily. (Tr. 747-48.) He was responsible for determining which stocks Gilbert Marshall sold and setting the firm's markup policies. (Tr. 749, 765, 822, 875.) All outgoing correspondence from registered representatives to customers had to be reviewed by a branch manager or supervisor who reported directly to Usher. (Div. Ex. 75; Tr. 752.)
By 1994 Lehl had five to six years experience as a securities broker, and had obtained Series 7 and Series 63 licenses. (Div. Ex. 90 at 7, 11; Tr. 741-42.) Lehl owned and controlled D&L. (Div. Ex. 90 at 7.) From July 1993 until March 1994, D&L owned a branch office of Strategic. (Lehl Answer ¶ 10.) As noted above, from March 1994 until September 1994, D&L owned a branch office of Gilbert Marshall. (Lehl Answer ¶ 10; Gilbert Marshall Answer ¶¶ 10, 12.) After Lehl left Gilbert Marshall in September 1994, Schlien arranged for Lehl to become a promoter for Sky and Jockey Club, a company Sky merged with in 1995. (Div. Exs. 2hh at 3; 91 at 168, 184-86.) Lehl received a total of $269,759 for his participation in the scheme. (Div. Ex. 7r.)
(b) Sales of Sky by Gilbert Marshall
While Lehl was associated with Strategic, Schlien contacted him because Strategic was buying Schlien's Sky stock. (Div. Ex. 84 at 130.) Lehl introduced Schlien to Moler and Kathleen Parker (Parker), Strategic's Director of Corporate Finance, in February 1994. 43 (Tr. 1076, 1080.) Shortly thereafter, Moler ordered Strategic's sales people to stop selling Sky. Lehl and Moler had a falling out over this decision, and Lehl left Strategic for Gilbert Marshall, taking Thomas Meehan (Meehan) 44 and several other registered representatives with him. (Div. Ex. 90 at 50-52; Tr. 1092-93, 1311; Lehl Answer ¶ 10.)
Lehl and Meehan contacted Usher in late February or early March 1994. (Div. Ex. 90 at 65.) They wanted to open a franchise branch of Gilbert Marshall because they were very unhappy with Strategic. (Tr. 758-59.) They told Usher they wanted their office, with its sales staff of seven brokers, to focus primarily on selling Sky, just as they had done as a Strategic branch office. (Div. Ex. 90 at 65-66.) Usher interviewed them and checked their backgrounds, 45 but did not call Moler, Parker, or anyone else at Strategic to ascertain precisely why Lehl, Meehan, and the other sales agents had left Strategic. (Tr. 759-60, 764.) Usher ultimately approved the franchise arrangement without understanding who actually owned and managed the Denver branch. (Tr. 761.) He thought Lehl and Meehan were co-owners of the branch, and that Meehan was Lehl's supervisor. (Tr. 767-69.) In fact, Lehl was the sole owner and manager. 46 (Tr. 768-69, 1355.)
Gilbert Marshall's Denver office concentrated almost entirely on selling Sky stock. (Div. Ex. 7j; Tr. 770.) The Denver office sold $5,435,183 worth of Sky stock to customers from March 24, 1994 through November 4, 1994 in 862 transactions. (Div. Ex. 7i, 7j.) These sales represented 65% of the total dollar volume of sales at that office, and 78% of its total sales transactions. 47 (Div. Exs. 7i, 7j.) It acquired 97% of its inventory from the Canaccord accounts. (Div. Exs. 7h; 84 at 124-127, 129; 90 at 122.) Meehan routinely called Gary Boldt (Boldt), Gilbert Marshall's trader, to let him know that Canaccord would be calling to offer Gilbert Marshall a block of Sky stock. (Tr. 870-71.) A few minutes later, Canaccord would call Boldt to complete the transaction. (Tr. 871-72.) Usher knew about this pattern, regarded it as unusual, and claims someone at Gilbert Marshall called Canaccord to find out more about the source of the stock. (Tr. 824-25.) Usher testified that Canaccord refused to identify the sellers of the stock. That was the extent of Usher's investigation into the unusual arrangement between the Denver office and Canaccord. (Tr. 825.)
At Lehl's direction, brokers at the Denver office sent the tout sheets to customers, and used the press releases and a script as sales tools. (Div. Ex. 90 at 137; 92; Tr. 1137, 1141-43, 1359-61, 1364.) Lehl and Meehan gave the brokers leads generated by Wall Street Watch, which Schlien provided free of charge. (Div. Ex. 90 at 18, 25, 35, 41, 123, 135.) The brokers, including Lehl, employed high-pressure sales tactics to get customers to buy Sky stock. (Div. Ex. 89 at 68-69; Tr. 1116, 1124-25, 1127, 1145, 1274-77.) These tactics included calling certain customers several times every day, guaranteeing price increases, making false promises to buy the stock back if the price failed to meet expectations, assuring customers that Gilbert Marshall had inspected the mine sites, and representing Sky as a risk-free or "self-funding" investment. (Tr. 1116-17, 1124-25, 1181-82, 1184, 1194-95, 1226-28, 1231, 1269-70.) Meehan asked one investor, Brian Throneberry, to mortgage his home in order to buy 100,000 shares. (Tr. 1116.) When the Gilbert Marshall agents were no longer able to keep their customers from selling off Sky, they often convinced the customers to "roll over" into Tuscan Industries stock. (Tr. 1126-27, 1131, 1139, 1145-46, 1185-86, 1188, 1197-98, 1259, 1274-77.)
After reviewing the trade blotters every day for approximately two months, Usher became concerned about the Denver office's concentration in a single stock, 48 and he told Lehl and Meehan to diversify their customers' portfolios. (Tr. 771, 776.) In June 1994, the NASD directed Usher to inspect the Denver office. (Tr. 773.) On July 27, Usher conducted an announced inspection of the office over the course of a single afternoon. (Div. Ex. 68; Tr. 773-75, 1358, 1366.) During that visit, he did not listen to what the brokers were telling customers about Sky, nor did he have any conversation with Meehan, the putative office manager, about sales practices. 49 (Tr. 771-75, 812.) He saw at least one tout sheet in the office, and Meehan told him it was part of a mass mailing that would produce leads for the brokers. (Tr. 795-97.) Although he knew the office had been using leads to open new accounts, he did not attempt to learn the source of those leads or whether they were somehow linked to the tout sheets he had seen in the office and in the initial due diligence package. (Tr. 790.)
Following the inspection, Usher wrote to the NASD and reported that the..//.."" Not posated on THE SUBJECT at Hand -Above ref'ed Boards/Threads but on the TGList this AM
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