Silicon Investor (SI) -- The First Internet Community

STOCKTALK

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor. We ask that you disable ad blocking while on Silicon Investor in the best interests of our community. If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.

Strategies & Market Trends : Anthony @ Equity Investigations, Dear Anthony, -- Ignore unavailable to you. Want to Upgrade?

To: semperfijarhead who wrote (76988)	5/28/2002 2:43:19 PM
From: PartyTime	Respond to of 122087

I'd guess the logic would follow that those who had knowledge but didn't attempt to influence others could become unindicted coconspirators; while those who did attempt to influence others, knowingly based on inside knowledge, could well become indicted. It's sorta like trying to hit the ball out of the park with a corked bat. You just can't do that and, if caught, suspension and a fine (i.e., a penalty of some kind) is quite likely, if not automatic. One thing I think is inevitable: The feds will surely want those who were involved, directly or indirectly, to come forward and tell 'em everything they know and where they might learn more. America's fate of capitalism rests with fair, open and free markets. Without 'em, America ain't really America, is it? So, you're right, Semper. The combo of circumventing fairness in the market and taking action in parallel to terrorist activity is an awesomely bad combination.

To: semperfijarhead who wrote (76988)	5/28/2002 2:47:52 PM
From: PartyTime	Read Replies (1) \| Respond to of 122087

Also noteworthy, beyond the criminal justice implications, is what of the possibility of a class action suit put forward by both the investors and the companies harmed by the actions of the so-called Enterprise. The years 2002, 2003 and 2004 could become a big one for personal bankruptcies, as more and more Enterprise participants painfully discover they can't pay back what they took, never mind triple damages, attorney fees and whatnot.

To: semperfijarhead who wrote (76988)	5/29/2002 4:48:14 AM
From: Dale Baker	Respond to of 122087

Are you so sure? Remember, we are not dealing with a simple prosecution. We are dealing with the RICO statute. The RICO angle is an ongoing systematic criminal enterprise. But that doesn't have much impact on extorting or bribing Federal agents for classified information. He still crossed the line into classified areas, and he can be nailed for it if true. That is true for one offense or 25. I don't really think there is any terrorist connection here, just an overzealous prosecutor looking for headlines and a pre-influenced jury pool, pretty standard tactics. The Feds want people to roll over. Do you think it makes sense that they might want to put the pressure on the subscribers? If I were investigating the case I would get all the chat logs and then interview the main participants to see what they know. But if they can't be linked to an active RICO offense, no reason to prosecute. The hope would be that some subscribers know more about the nasty stuff and might testify in return for immunity. Remember, AP is the main big fish in the deal, that's who the prosecutors will gun for. Also, BearDown claims that Elgindy notified his subscribers that the information was not public and was being obtained from the FBI. If one did nothing at that point and left his site - he might be exonerated. Is there a duty to report such activity? There is no positive obligation to report a crime unless it's a traffic accident or you are an officer of the court (or sometimes medical and social work professionals, maybe teachers too). A zealous DA could go after members saying they knew the info was tainted and therefore expand the RICO definition. But I don't see the upside in the Justice Department nailing "passive" participants when they only indicted the main actors in the first place. Just my wild-ass guesses throughout here, as usual.