To: Bill Ulrich who wrote (790 ) 12/16/2004 3:23:54 AM From: DaiTN Read Replies (1) | Respond to of 5425 Feds pressing charge of stock manipulation UNION-TRIBUNE STAFF AND NEWS SERVICES November 2, 2004 Before the FBI arrested him in 2002, Anthony Elgindy was a successful stock speculator, with a $2.2 million home in Encinitas and a collection of expensive cars. Before the FBI arrested him in 2002, Anthony Elgindy was a successful stock speculator, with a $2.2 million home in Encinitas and a collection of expensive cars. Now the 36-year-old naturalized American is on trial in a federal courtroom in Brooklyn in an unusual case that offers a glimpse into the fervid world of short-sellers and the companies they bet against. To federal prosecutors, Elgindy orchestrated a criminal enterprise that used tips supplied by an FBI agent to influence the stock price of thinly traded small companies known as "penny stocks." But to defense lawyer Barry Burke, Elgindy was a crusader who exposed stock manipulation schemes by insiders at some small companies who sought to pump up the price of their stocks as they profitably dumped their own shares. In her opening statement yesterday, federal prosecutor Valerie Szczepanik told jurors that the case against Elgindy and former FBI agent Jeffrey Royer was one of corruption, fraud and betrayal. "They operated under the guise of exposing fraudulent companies when they themselves were involved in the fraud," Szczepanik said. Elgindy used information from Royer to make insider trades, manipulate markets and, sometimes, extort money from companies that paid him to stop badmouthing them, Szczepanik said. Elgindy and Royer, 41, are accused of racketeering, securities fraud and other crimes. Authorities contend Elgindy used his AnthonyPacific.com web site and online stock chat sites to spread negative information about companies, based on information Royer gave him. Elgindy did not even fully disclose his trades to subscribers, who paid $600 a month for his online newsletter. Royer "broke his oath" as an agent of the FBI and stole confidential information from FBI databases, Szczepanik said. He exploited relationships with other agents to get information about investigations, she said. "Instead of chasing down criminals, Royer was chasing down information for his personal profit," Szczepanik said. Short-sellers profit by correctly predicting a stock's decline. They sell borrowed shares and then replace the stock at a cheaper price, pocketing the difference. Berke, who is Elgindy's lead defense lawyer, told jurors his client and the individual investors who followed Elgindy's advice and investigated companies – performed a public service by exposing frauds. "They were investigating, uncovering and exposing these fraudulent companies," Berke said. Short-sellers like Elgindy were unpopular because the "big boys" on Wall Street didn't like the way he challenged them, the defense lawyer said. Elgindy was an early skeptic of technology and Internet companies in the late 1990s, asserting on a Web site, Silicon Investor, that they were overvalued, he said. "They're going against Wall Street and they're going against the ways of Wall Street," Berke said. Berke told jurors that Elgindy had many admirers, citing an unnamed lawyer with the Securities and Exchange Commission who described him as "a crusader against these fraudulent companies." Another admirer was Royer, Berke said, describing him as "someone who saw the value of what they were doing." Elgindy's followers were usually doing their own probes of companies the FBI was interested in, Berke said. Royer simply tried to put them in touch with the appropriate people in law enforcement, he said. Elgindy has been in jail since April after trying to board a domestic flight to Phoenix with a connection to San Diego. He was carrying fake identification, $25,000 in cash and $40,000 worth of jewelry, according to court papers.signonsandiego.com