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Non-Tech : Auric Goldfinger's Short List -- Ignore unavailable to you. Want to Upgrade?


To: RockyBalboa who wrote (11877)7/17/2003 3:36:18 PM
From: TeamTi  Read Replies (2) | Respond to of 19428
 
SECTION: Business BC; Securities; Pg. D5

LENGTH: 885 words

HEADLINE: Burke hasn't quite had the Midas touch

SOURCE: Vancouver Sun

BYLINE: David Baines


> BODY:
> 'Don't they have compulsory retirement at The Sun?"
> asked Malcolm Burke, president and CEO of Shep
> Technologies Inc., when I dropped into his Howe
> Street office this week.
>
> It had been a long time since I had last seen Burke.
> Obviously, he hadn't missed me. He knew from
> experience
> that I was not attracted to the kind of junior
> stocks that he has made a career out of promoting,
> so he was
> naturally a bit leery.
>
> "Even if I could turn a dog turd into a gold brick
> overnight you would still write a negative story,"
> he lamented.
>
> Not true. I would write a very positive story. The
> problem is that Burke, who has touted dozens of
> junior
> stocks during the past two decades, has not yet
> managed to turn any dog turds into gold bricks.
>
> Burke is 60 years old, extremely amiable and a
> consummate promoter. I first met him in November
> 1991 when he
> was promoting Creator Capital Inc., a Vancouver
> Stock Exchange-listed company that was in the
> process of
> acquiring Sky Games International Inc. of Las Vegas.
>
> Sky Games was developing a laptop computer gameboard
> that played six Las Vegas gambling games. The device
>
> would accept credit cards and compute a running
> debit or credit, making it suitable for use in
> airplanes, cruise
> ships and hotels.
>
> "It's a very compelling product," Burke said at the
> time, explaining why the stock had surged to the $6
> level.
>
> But Creator was also paying promoter Joe Merrin (who
> years earlier had been briefly sidelined by B.C.
> regulators for trading infractions) $1,500 per month
> to act as a "financial adviser" and refer brokers to
> the
> stock. Merrin's nickname was Machine Gun Joe Merrin,
> a tag which originally alluded to his arsenal of
> automatic
> weapons, but later referred to the speed with which
> he could blow off stock.
>
> In any event, Sky Games, despite a joint venture
> with Harrah's, never quite got off the ground. Burke
> quit in
> 1999 and by the end of last year, the company's
> cumulative losses totalled $67.1 million.
>
> In early 1993, while the Sky Games promotion was
> still in progress, Burke and Merrin began promoting
> Mashiach
> Capital Corp., a VSE company that featured robotic
> figures (such as dinosaurs and giant bugs) for
> amusement
> parks, museums and other attractions.
>
> Mashiach (later called Animatronix Entertainment
> Corp.) was a real company with real revenues, but it
> also had
> real losses. The share price plunged to pennies and
> by January 1997, Burke was gone. The company's
> shares
> have since been delisted.
>
> Now Burke is promoting Shep Technologies, whose
> shares are quoted on the OTC Bulletin Board in the
> United
> States. Shep is developing a system that
> hydraulically captures the energy generated by a
> vehicle when it
> brakes, then releases that energy when the vehicle
> accelerates again.
>
> "It's one of those compelling stories where the
> potential benefits are easily assessed," says Burke.
>
> One party that found the story extremely compelling
> was The OTCjournal.com, which specializes in
> promoting
> nascent stocks.
>
> "A test drive in the parking lot of a shopping mall
> was all we needed," it stated in a February
> write-up. "The
> experience convinced us that this technology had the
> potential to end up on millions of vehicles world
> wide, and
> as such was a microcap investor's dream."
>
> More temperately, it added: "We don't expect to
> generate significant revenues until 2004" which,
> according to
> my calendar, is just a few months away.
>
> The disclaimer provides a possible reason for its
> enthusiasm: Shep paid the newsletter's owner,
> MarketByte
> LLC, $75,000 cash and an unidentified third party
> gave it another 100,000 shares, which provides an
> enormous
> incentive to tout the stock.
>
> Another newsletter, The Intrepid Investor, was even
> more enthusiastic. It stated that Shep's technology
> "could
> be one of the great investment discoveries of our
> times" and the company could be "on the edge of a
> billion-
> dollar royalty."
>
> In a familiar refrain, the disclaimer notes that the
> newsletter's publisher, Capital Financial Media,
> managed a
> $576,000 budget to promote Shep and retained any
> amount over and above the cost of production. It
> also
> expected to receive 42,000 shares from a third-party
> group and options to buy another 63,000 shares at
> $1.50
> to $3 each. Once again, this sort of incentive
> system doesn't usually lend itself to discerning
> reports.
>
> According to Bloomberg financial news, not one
> mainstream analyst follows the stock. And Shep
> certainly doesn't
> fit the financial profile of a viable R&D company.
> As of March 31, it had only $437,000 US in total
> assets, a big
> working capital shortage and negative equity. (Burke
> says that, since then, the company has raised
> another
> $1.4 million US in equity capital, but at the
> current rate, these funds will be quickly consumed.)
>
> All this has caught the attention of Carol Remond, a
> Dow Jones Newswires columnist-terrier who is ripping
> into
> Shep's pant leg. Among other things, she complains
> that Burke has not returned her many phone messages.
> "She
> keeps putting out very nasty things about us,"
> protests Burke, explaining why he hasn't responded
> to her
> calls. "She makes you look quite benign, actually."
>
> Shep stock closed Tuesday at $2.10 US, up 15 cents
> on the day. The company's total stock market value
> is now
> $46 million US.
>
> dbaines@png.canwest.com



To: RockyBalboa who wrote (11877)7/21/2003 8:25:01 PM
From: StockDung  Respond to of 19428
 
SPITZER WON’T GO QUIETLY
July 21, 2003
stockpatrol.com

State securities regulators were circling their wagons last week in response to a Congressional subcommittee’s effort to strip the states of their authority to regulate the securities industry. As a practical matter, the bill, called “The Securities Fraud Deterrence and Investor Restitution Act of 2003,” would stop state regulators from pursuing aggressive tactics to protect investors.

Over the past two years, regulatory actions initiated by the states, and particularly New York’s Attorney General Elliott Spitzer, have resulted in a series of high profile cases and settlements involving the nation’s largest brokerage firms. But Spitzer’s high-profile cases reportedly have not endeared him to the Securities and Exchange Commission, which has lagged woefully behind on these enforcement efforts.

Last week, Attorney General Spitzer called on the SEC, NASD and New York Stock Exchange to oppose passage of the bill. He could not have been pleased with their response. After stating that the SEC did not have a role in political advocacy, SEC Chairman James Donaldson implied that the bill had merit. “The issue is one of remedy. Where remedy gets into regulation of markets, that is the prerogative of the SEC,” he said. The NASD expressed its gratitude for the assistance of state regulators, but stopped short of supporting their position or opposing the legislation.

Despite the opposition, Spitzer remained on the offensive. On July 14, 2003, Spitzer and Massachusetts Secretary of State William Galvin announced a joint inquiry into practices at Morgan Stanley. The two regulators are examining Morgan Stanley’s method of compensating brokers for their sale of in-house mutual funds. They are concerned that Morgan Stanley may have misled investors, and state investigators, by failing to disclose that brokers received additional compensation for selling the firm’s house mutual funds.

Spitzer and Galvin do not plan to stop with their investigation of Morgan Stanley. They intend to determine whether other firms engaged in similar practices. As Galvin put it, “Usually, when you see one ant at a picnic, you'll find a lot more.”

The investigation was initiated after Galvin was contacted by a former broker at a Boston, Massachusetts branch of Morgan Stanley, who claimed that management’s pressure to sell the house funds “was nothing short of extortion.” In fact, the broker’s branch office sold four times as many shares of the fund in question than the firm’s other, larger Boston office.

The complaint also alleged that Morgan Stanley misled authorities when it denied that the branch manager received additional commissions based upon sales of the mutual fund. Morgan Stanley admitted to the error, and acknowledged that it does pay higher compensation for the sale of in-house funds.

Spitzer used the occasion of the announcement to voice his opposition to the proposed federal legislation.

Clearly, he does not plan to fade quietly into that good night.

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