To: Paul Senior who wrote (14378 ) 4/28/2002 2:17:31 AM From: Paul Senior Read Replies (5) | Respond to of 78594 OT, Saturday night story: SEC Enforcement comes after little me! (long) Got an interesting call from the SEC a while ago. Couple of people on a speaker phone introduce themselves and say they’d like to ask me a few questions about an investigation they’re making. Truthful answers are important, they say, and rather than sending a guy out to my house, they'd like to talk to me on the phone for a couple of minutes about a stock I bought. I say sure. They tell me the name of the company. I can't remember owning it I say. (Well thread readers, I AM one for lots of diversification, and my memory is slipping a bit too. Plus it was not a well-known company.) What's the symbol I ask as I turn to my computer to look it up. (It was a very dink company.) They say it doesn't trade anymore. That stops me with my hands on the keyboard, and I pause a bit. I ask them when I bought it. They say in such-and-such month last year. No help. I still can’t remember it. I blurt out, in what account? They tell me. (I hide my astonishment that they’re really prepared and would have this information.) I say okay, I've just wrapped up my tax files for last year, and my stock trades are right here. I pull them out, find the account and month, and sure enough there are xxx shares. I tell them I see the xxx shares I bought. They say there's another buy too. I look down the broker's statement, and sure enough there's the next order fill. Then it hits me. It was a stock I bought, and it seems like within two days (my memory might be wrong here too) there was a cash takeover offer for double and more over my buy price. Ah ha, now I remember the story well, I say. I spotted some very unusual insider trading in a media report, and I checked out the fundamentals of the stock which seemed okay, and most likely I bought the next trading day, I tell them. And Very Luckily for me, I can now remember and cite the day and source of the nationally published article that listed the specific insiders’ buy which led me to make my buy. (I am feeling good that I can show my purchase is based on public information.) I tell them I can't remember if I held the stock for the acquirer's cash or sold the stock before the deal closed though. They say I sold. Oh yeah, that seems about right, I remember it now all right, I add. Was so unusual. I usually post my trades on the internet I say--- and one of the SEC people somewhat excitedly (?) interrupts to ask - did you? I say no I didn't. Happened so fast. What's the point? It would just be after the buyout offer and sound like bragging and irritate everybody. In the chit chat, they ask me where I'm from, or I volunteer it. They ask me if I'm in the company's geographical area (luckily no). (These New Yorkers are not too familiar with West Coasters –g-.) Then they ask me if it's okay if they ask me if I know any of the names they have on a list, reminding me again in so many words, that truthfulness counts. I say ask, and I reply to each name, that I never heard of the person (which is true). And they ask me if I ever worked for the acquiring company or the acquired company or for a couple of other companies they mention that might have been in the same business. No to all that also. Couple of closing comments and they were gone. Made my day! Still, it was strange too. I really had just a very small starter position in the company. But in retrospect, if it was significant that I could remember exactly why the stock was so appealing to me (even as I couldn’t remember the company or my purchases or sales), maybe I goofed and should have bought more initially. OTOH, for me, a small starter position is all that I might reasonably do – trying to be diversified and having knowledge that many things can go wrong when one makes a buy of a dinky microcap as a result of a small blurb in one newspaper article.) Nice to see that the SEC seems to be thorough though in its investigations when it undertakes them. Paul Senior, who posits: Keeping good records is important, and if your purchases are somehow linked to an SEC investigation (even for very small amounts of money), the feds just might send a person to see you. –g-