Tokyo Mex: Perhaps he's in jail?
businessweek.com
Is It Sayonara for Web Stock-Picker ``Tokyo Joe''? The SEC says the influential day trader used his site as a front for various illegal activities
After months of fretting about the subculture of investment chat rooms, the Securities & Exchange Commission on Jan. 5 sued one of the Web's best-known stock-picking gurus, "Tokyo Joe." The SEC is asking a federal judge in Chicago to shut down "Tokyo Joe's" Societe Anonyme, a Web- and e-mail stock-alert network run by Yun Soo Oh Park of New York. The securities cops say Park defrauded his subscribers and misrepresented his own performance as a day trader. Park's attorney says he will fight the charges.
Park took on the noms de Web "Tokyo Mex" and "Tokyo Joe" in 1997, when he was one of the most active stock-tip posters on such investment bulletin boards as Silicon Investor and Raging Bull. Stories in the press featured him as a spokesman and symbol of the Net's adrenaline-charged world of rumor-driven chat rooms, day trading, and stock tips. By mid-1998, Park had set up his own Web site, TokyoJoe's, and launched Societe Anonyme. Last September, Time magazine's Time Digital online edition cited him as "one of the country's most influential stock-pickers."
"SCALPING." Although he hiked his membership fees from $29 to $200 a month, Park eventually enrolled 3,800 subscribers, according to the SEC. From July, 1998, through June, 1999, the SEC says, Park collected $1.1 million in fees for e-mailed stock picks and access to his members-only Web pages and chat rooms. One mark of Park's influence: Web sites where he didn't post his picks set up windows where their subscribers could follow the TokyoJoe chat on Silicon Investor.
But Societe Anonyme was the front for a "fraudulent scheme," the SEC charges. In at least 10 instances, the agency lawsuit alleges, "Park purchased shares of a stock shortly before his recommendation to buy those shares and subsequently sold those shares for a quick profit at the same time he was recommending that Societe Anonyme members and others buy the stock." That practice is known as "scalping." Park didn't reveal his holdings in the stocks he recommended, the SEC says.
The alleged scheme depended on the sharp spikes in trading volume that would follow a TokyoJoe recommendation. The SEC cites the case of Videonics Inc., which Park recommended last Feb. 17, after he allegedly bought 11,100 shares. That day, 272,500 Videonics shares traded hands, up 7,109% from the average daily volume the week before, and the price spiked from 78 cents to $2. The SEC charges that Park started selling his Videonics shares five minutes after he e-mailed his recommendation. He closed out his position on Feb. 18.
EMBELLISHED RECORD? The suit also charges Park with illegally touting the stock of DCGR International Holdings Inc., an importer of handmade cigars. In July, 1998, Park recommended the stock to his subscribers and to participants in other Internet stock chat rooms. But on July 21, the suit charges, Park received 100,000 shares of DCGR from "an agent or representative of DCGR at the request of DCGR." He sold the shares "profitably" the same day, the SEC alleges.
The third charge: Park's Web site did not accurately portray his performance as a day trader. The trading record posted on the site included 800 "false or misleading" share prices, excluded at least 40 trades in which Park lost up to 90%, and listed results of 56 hypothetical trades -- cases where Park recommended a stock but didn't trade it, the complaint alleges.
An SEC official says Park netted "hundreds of thousands of dollars" in trading profits from stocks that he scalped or touted. The suit seeks a permanent injunction, disgorgement of illegal-trading profits, and unspecified civil penalties.
Park's Web site made no mention of the SEC charges. Park "intends to defend against the action," according to his attorney, Ira Sorkin. "We would have hoped that the SEC would deal with cyberspace, Internet chat rooms, day trading, and free-speech issues through regulation, not litigation," says Sorkin. "There are a lot of murky issues," he says, regarding "free speech and free exchange of information" for chat-room tipsters and investors. |