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.

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

To: afrayem onigwecher who wrote (13828)	10/27/2004 11:53:29 AM
From: StockDung	Respond to of 19428

ALEX's October 5, 2004 filing of a voluntary petition under Chapter 11 of the United States Bankruptcy Code. UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION Securities Exchange Act of 1934 Rel. No. 50595 / October 26, 2004 Admin. Proc. File No. 3-11627 -------------------------------------------------------------------------------- In the Matter of the Application of ROBERT J. PRAGER, J. ALEXANDER SECURITIES, INC., and JAMES ALEXANDER, For Review of Disciplinary Action Taken by NASD -------------------------------------------------------------------------------- ORDER GRANTING CLARIFICATION AND EXTENDING TIME FOR FILING BRIEFS J. Alexander Securities, Inc. ("ALEX") and James Alexander ("Alexander" and, collectively with ALEX, the "Applicants") have filed a motion seeking "clarification and guidance" concerning the applicability of the automatic stay provision in 11 U.S.C. § 362(a)(1) to this appeal in light of ALEX's October 5, 2004 filing of a voluntary petition under Chapter 11 of the United States Bankruptcy Code. The motion asserts that, as a result of ALEX's bankruptcy filing, the Applicants believe that this proceeding is stayed as to ALEX, but they request "affirmation" that such is the case. The Applicants also request the Commission to stay the filing of Alexander's brief during the pendency of the automatic stay of this proceeding as to ALEX.1 The Applicants further request that, in the event Alexander is required to file a brief, an extension of time be granted.2 As we have held under similar circumstances, ALEX's filing of a voluntary petition in bankruptcy "triggered an automatic stay of this proceeding as to" ALEX.3 That stay, as Alexander acknowledges, does not extend to Alexander. Nor are we persuaded to grant a stay of this proceeding as to Alexander based on his claims that he and the firm are "inextricably woven together as to the NASD findings in the August 16, 2004 NASD decision," and that "it would be a waste of time, redundant and uneconomical" to continue the proceedings as to him. We have determined to grant Alexander a one-week extension of time to file a brief. While requests for such extensions are generally disfavored,4 granting Alexander an additional week at this stage would not introduce any unnecessary delay.5 Under the circumstances, we also have determined to grant Robert J. Prager, the other remaining respondent in this proceeding, and NASD an additional week to file their briefs. We note that the Applicants assert that "Mr. Prager's matter is factually and legally distinct from that of Applicants and should be considered separate and apart from that of Applicants as a matter of fairness to Applicants." To the extent that the Applicants' assertion can be deemed a motion for severance, we will deny it because they have failed to satisfy the standards contained in the Commission's Rule of Practice 201(b).6 Accordingly, IT IS ORDERED that the times for filing briefs in this proceeding be, and they hereby are, extended as to all parties such that briefs in support of the applications for review shall be filed by November 4, 2004; a brief in opposition shall be filed by December 6, 2004; and any reply briefs shall be filed by December 20, 2004; and it is further ORDERED that the request by J. Alexander Securities, Inc. and James Alexander for a severance be, and it hereby is, denied. By the Commission. Jonathan G. Katz Secretary Endnotes -------------------------------------------------------------------------------- 1 The Applicants acknowledge that the automatic stay provision in 11 U.S.C. § 362 does not apply to Alexander. 2 The Applicants represent that Prager does not oppose the request for a time extension. On October 22, 2004, NASD filed a brief stating that, while it does not oppose the request for a time extension, the automatic stay provision applicable to debtor ALEX does not protect non-debtors such as Alexander, and thus Alexander's appeal before the Commission should not be stayed. 3 Steven P. Sanders, 53 S.E.C. 889, 890 n.1 (1998). See also Franklin N. Wolf, 52 S.E.C. 517, 518 n.1 (1995). 4 See Rule of Practice 161(b). 5 We note that none of the other parties has opposed the request. 6 Under Rule 201(b), a motion to sever must include a representation that a settlement offer is pending before the Commission or "otherwise show good cause." Applicants' motion has not made any such representation or otherwise shown good cause justifying a severance, apart from the blanket claim that "Prager's matter is factually and legally distinct" from theirs. sec.gov -------------------------------------------------------------------------------- Home \| Previous Page Modified: 10/27/2004

To: afrayem onigwecher who wrote (13828)	11/4/2004 12:14:55 PM
From: StockDung	Respond to of 19428

Must have hated France->U.S. stocks trade higher; Yasser Arafat reported dead Thursday November 4, 11:47 am ET By Mark Cotton NEW YORK (CBS.MW) - U.S. stocks traded higher Thursday on reports Palestinian leader Yasser Arafat has died in France, bolstering hopes a new leader may improve the chances of a Middle East peace agreement. "The market would probably interpret his passing as increasing the chance of peace in the Middle East," said Mark Bryan, senior vice-president at Brean Murray. The Dow Jones Industrial Average (^DJI - News) was sitting at its high for the session, up 50 points, at 10,186. Within the benchmark index, Wal-Mart rose 0.8 percent after it said its fiscal third quarter earnings would be at the high-end of its previously forecasted range, offsetting a sluggish October same-store sales performance. Alcoa (NYSE:AA - News) rose 1.5 percent after Canadian rival Alcan posted a 97 percent rise in third quarter profit. General Motors (NYSE:GM - News) climbed 1.6 percent, rebounding from a pullback in the prior session after the car maker reported a 5 percent drop in October sales. On the negative side, Pfizer (NYSE:PFE - News) shares fell as much as 7.5 percent after Goldman Sachs analysts issued a note saying the company will have to do another year-long clinical study in order to be able to launch its blockbuster pain reliever drug Celebrex in Japan. The drug maker's shares were last off 1.9 percent. Boeing shed 1.8 percent on a broker downgrade due to commercial aircraft delivery concerns. The Nasdaq Composite Index (NasdaqSC:^IXIC - News) was last up 1 point, at 2,005. However, weakness in the semiconductor sector (Philadelphia:^SOXX - News) after a Bank of America downgrade of a number of chip equipment makers kept a cap on gains. The S&P 500 Index (CBOE:^SPX - News) was up 6 points, at 1,149. Retail round-up The latest same-store sales showed lower-income shoppers tightened their purse strings, while wealthier shoppers continued to spend feverishly. But the results outpaced expectations at the International Council of Shopping Centers, which just this week lowered its forecast to a gain of 3 percent. "There were pockets of real strength that lifted the overall picture," said ICSC Chief Economist Michael Niemira. With 71 stores reporting, the results racked up a 4 percent gain, the best performance since May. Wal-Mart confirmed that October's sales results were at the low end of expectations, although the retail giant's third quarter earnings are likely to come in ahead of forecasts, thanks to a tax rate change. The Bentonville, Ark., company said that though total sales came in below expectations, gross margins were stronger and a change in its tax rate fueled earnings at the "high end" of its per-share forecast range of 52 cents to 54 cents. Wal-Mart gained in morning trading. Target, (NYSE:TGT - News) ,JC Penney (NYSE:JCP - News) , Nordstrom (NYSE:JWN - News) , Federated Department Stores (NYSE:FD - News) and The Talbots (NYSE:TLB - News) were some of the other retailers which experienced a solid month of October. Turning in a poor performance last month, Pier 1 Imports (NYSE:PIR - News) lowered third quarter outlook due to continued weak store traffic and pressure on margins in October, and expectations that consumers will postpone gift-related purchases until closer to the actual holidays. Pier's stock was last down 3.4 percent. Sharper Image (NasdaqNM:SHRP - News) also warned of a larger-than-expected third quarter loss on declining margins and slightly lower than anticipated sales. The company's stock slumped 9.2 percent in early trading. Also, shares of AnnTaylor Stores (NYSE:ANN - News) fell 3 percent after it lowered its third quarter forecast on weak sales at namesake division, despite a good October which saw the retailer post a 6.7 percent rise in same-store sales. On the economic front, the latest jobless claims offered some ammunition to those investors who believe economic growth in the U.S. is holding up well. Initial claims for state unemployment benefits fell 19,000 to 332,000 last week, the Labor Department reported Thursday. The decline was larger than expected. Economists were expecting a drop in initial claims to about 340,000, according to a survey conducted by CBS Marketwatch. A portion of the decline was due to fewer claims from Florida, an indication that the impact from the hurricanes that battered the state in August and September is lessening, a government official said. Hundreds of businesses in Florida were damaged by the storms. However, the Labor Department also said productivity growth in the American workplace slowed in the third quarter. Currencies, gold, oil, bonds On the foreign exchange markets, the dollar was coming under pressure against its major European counterparts. The 'safe haven' currencies, chiefly the Swiss franc, picked up some strength amid reports that Palestinian leader Yasser Arafat had slipped into a coma in a Parisian hospital. Concern also resurfaced about the ability of the new Bush administration to rein in the trade deficit. The euro struck an 8 1/2 month high vs. the dollar at $1.2870. Against the Swiss franc, the dollar fell 0.5 percent, to 1.1869, an eight-year low. The weak dollar sent gold futures above $430 an ounce, their highest level in seven months. Crude-oil futures were little changed in early trading after logging a near 3 percent gain Wednesday in the wake of President Bush's re-election, tight U.S. distillate stocks, and a fresh threat of bankruptcy at Russian oil giant Yukos. Crude for December delivery was last down 6 cents at $50.82 in early trading in New York. Bonds hung on to modest on the relative weakness in stocks and steady energy prices. The benchmark 10-year note was last up 3/32 at 101 15/32. Its yield (CBOE:^TNX - News) stood at 4.05 percent. Turning back to the broader market for equities, advancers outpaced decliners by a 17 to 12 score on the New York Stock Exchange, while there were 17 losers for every 10 winners on the Nasdaq. Volume was 488 million on the Big Board, and 597 million on the Nasdaq. Other stocks in focus Credit Suisse First Boston cut its rating on Boeing Co. (NYSE:BA - News) to "neutral" from "outperform" and lowered its price target on the stock to $49 from $55. The broker cited indications that AMR Corp (NYSE:AMR - News) , parent company of American Airlines, is renegotiating Boeing deliveries. Boeing shares were off 1 percent at $50.60 in early trading. In sharp contrast, European defense group EADS, the majority owner of aircraft maker Airbus, lifted its 2004 earnings outlook on expectations of higher aircraft sales. In other news, shares of Qualcomm Inc (NasdaqNM:QCOM - News) fell 3.5 percent after the company offered a first quarter outlook below current analyst expectations. The wireless equipment maker also said fourth quarter sales declined from the previous quarter due to fewer shipments of high-end chips for wireless phones. Meanwhile, Banc of America analyst Mark Fitzgerald lowered his ratings on Applied Materials (NasdaqNM:AMAT - News) and KLA-Tencor (NasdaqNM:KLAC - News) to "sell" from "neutral", and cut Lam Research (NasdaqNM:LRCX - News) to "neutral" from "buy" due to concerns about excess inventories and overly high valuations. Shares in all three companies were lower in morning trading. Want to know more about the market? FREE membership at CBS MarketWatch includes advanced charting, portfolio tracking, email alerts and e-newsletters with expert tips and commentary. Join CBS MarketWatch TODAY!

To: afrayem onigwecher who wrote (13828)	11/4/2004 7:41:57 PM
From: StockDung	Read Replies (2) \| Respond to of 19428

TROUBLE IN THE HOLY LAND Does Arafat have AIDS? With still no public diagnosis, some suggesting HIV may be cause Posted: November 4, 2004 1:00 a.m. Eastern By Aaron Klein © 2004 WorldNetDaily.com With doctors claiming they have still not diagnosed Yasser Arafat despite a week of hospitalization and extensive testing, some commentators have been suggesting the PLO leader may be suffering from AIDS. Arafat's condition suddenly deteriorated last night and he was placed in intensive care at the Paris military hospital where he was brought for treatment Friday, Palestinian officials said. Arafat has been ill for more than two weeks. Doctors say they've performed extensive tests, and still don't know what he has. Initial blood work performed in the West Bank revealed a low blood platelet count – a sign of a weakened immune system. In addition to cancer, which doctors have ruled out, the low count could be attributed to bleeding ulcers, colitis, liver disease, lupus, HIV, or a host of other diseases. Ulcers and colitis have been ruled out, as well, it is believed. Some have been speculating Arafat might be suffering from HIV/AIDS. The homosexual site, 365Gay.com, which deals regularly with issues related to HIV/AIDS, ran a piece yesterday reminding readers that, for several years, it has been suggested Arafat is bisexual, and could have contracted the disease. "If suggestions that Arafat has AIDS are true, it is doubtful it would be made public," wrote 365Gay.com European bureau chief Malcolm Thornberry. National Review diarist David Frum suggested in his column this week Arafat contracted AIDS from homosexual sex with his bodyguards. Ion Pacepa, who was deputy chief of Romanian foreign intelligence under the Ceaucescu regime and who defected to the West in 1978, says in his memoirs the Romania government bugged Arafat and had recordings of the Arab leader in orgies with his security detail. Various Israeli security sources have in the past suggested publicly Arafat might be homosexual. They've claimed Arafat's former personal driver – a Mossad double agent – used to find teenage boys to bring back to the PLO leader. His wife, Suha, mostly lived abroad and rarely saw her husband. Interestingly, Israel's intelligence community, with some of the best capabilities in the world, doesn't know which disease Arafat is suffering from, sources told WorldNetDaily. In fact, Israel has been presented with no evidence – aside from a formal PA request for the transfer of Arafat – that the Palestinian leader is actually ill, sources say. "I don't know what [illness] Arafat has," Ariel Sharon's spokesperson Raanan Gissis told WorldNetDaily last week. "Our only involvement was to extend our consideration to the perceived humanitarian problem. This is only for medical treatment, and has nothing to do with our overall consideration of Arafat and the terrorism he directs." Arafat's trip to Paris marked the first time the PLO leader was allowed to leave his battered Ramallah compound since 2002. With Arafat increasingly isolated in the international community, he has much to gain by escaping the confines of his two year virtual imprisonment. If he gets better, he may have the option of traveling to Arab and European capitals, where he could gather support for his continued leadership. Bush and Sharon effectively have persuaded foreign leaders to disregard Arafat because of his direct involvement in terrorism and failure to make peace for his people. Many have agreed that a second Bush term would be the final nail in Arafat's political coffin. -------------------------------------------------------------------------------- Aaron Klein is WorldNetDaily's special Middle East correspondent, whose past interview subjects have included Yasser Arafat, Ehud Barak, Shlomo Ben Ami and leaders of the Taliban.

To: afrayem onigwecher who wrote (13828)	11/6/2004 10:00:53 PM
From: StockDung	Read Replies (1) \| Respond to of 19428

Arafat poisoned? BY CORKY SIEMASZKO DAILY NEWS STAFF WRITER Candles are lit for Yasser Arafat at Paris hospital, where he lies in a coma. A Palenstian diplomat accused the Israelis yesterday of poisoning Yasser Arafat. "The doctors until now could not diagnose precisely what is wrong with him, but it is believed there is a poison," Ali Kazak, who heads the Palestinian delegation to Australia, told the Herald Sun newspaper in Melbourne. "It could be poison because they have checked everything, and his body is in good health, there is no cancer, it is not leukemia." Arafat's doctor, Ashraf Kurdi, told the Al Jazeera satellite TV network that, "Arafat's health condition makes poisoning a strong possibility." Israelis, who gave Arafat safe passage from his West Bank compound to a French military hospital last week, denied the charge. "It's absolute nonsense; it's completely ridiculous," an Israeli government source said. Kurdi has not yet diagnosed Arafat's mysterious blood ailment, and last night the 75-year-old Palestinian leader was hovering "between life and death." "He is in a coma," Leila Shahid, the Palestinian envoy to France, said. "We don't know the type, but it's a reversible coma. He may or may not wake up. All vital organs are functioning." But other Arafat aides insisted their 75-year-old leader was brain dead and on life support. They said his wife, Suha, is weighing whether to pull the plug. "He is being aided by respiratory machines and his condition appears irreversible," a high-ranking Palestinian official told the Israeli newspaper Haaretz. Arafat jealously guarded his power and never appointed a successor. As he lay near death, Prime Minister Ahmed Qureia and Mahmoud Abbas, Arafat's No. 2 in the Palestine Liberation Organization, were taking the reins of the government. Originally published on November 6, 2004