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To: Jeffrey S. Mitchell who wrote (89452)1/19/2005 2:14:11 PM
From: StockDung  Respond to of 122087
 
BAD DAY FOR GAYLE ESSARY->In the Matter of JOHN M. DUTTON,

Respondent.

UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
Securities Act of 1933
Release No. 8524 / January 19, 2005
Admin. Proc. File No. 3-11798

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In the Matter of

JOHN M. DUTTON,

Respondent.

:
:
:
ORDER INSTITUTING CEASE-AND-DESIST PROCEEDINGS, MAKING FINDINGS, AND IMPOSING A CEASE-AND-DESIST ORDER PURSUANT TO SECTION 8A OF THE SECURITIES ACT OF 1933


I.
The Securities and Exchange Commission ("Commission") deems it appropriate that public cease-and-desist proceedings be, and hereby are, instituted pursuant to Section 8A of the Securities Exchange Act of 1933 ("Securities Act") against John M. Dutton ("Dutton" or "Respondent").

II.
In anticipation of the institution of these proceedings, Respondent has submitted an Offer of Settlement (the "Offer") which the Commission has determined to accept. Solely for the purpose of these proceedings and any other proceedings brought by or on behalf of the Commission, or to which the Commission is a party, and without admitting or denying the findings herein, except as to the Commission's jurisdiction over Respondent and the subject matter of these proceedings, Respondent consents to the entry of this Order Instituting Cease-and-Desist Proceedings, Making Findings, and Imposing a Cease-and-Desist Order Pursuant to Section 8A of the Securities Act of 1933 ("Order"), as set forth below.

III.
On the basis of this Order and Respondent's Offer, the Commission finds1 that:

Respondent
1. Dutton, a resident of El Dorado Hills, California was, during the relevant period set forth below, president and a principal shareholder of J.M. Dutton and Associates LLC.

Relevant Entity
2. J.M. Dutton & Associates LLC ("Dutton Associates"), a California business entity with its principal offices in El Dorado Hills, California, provided during the relevant period, and continues to provide, paid-for stock research reports published on its website.

Background
3. From July 2002 through the present, Dutton was the president and a principal shareholder of Dutton Associates, a business entity that published paid-for stock analysis reports for issuers.

4. In or around July 2002, the Commission's staff notified Dutton, through counsel, that the general disclaimers used by Dutton in published research reports were insufficient and violated Section 17(b) of the Securities Act because they failed to specifically disclose that compensation came from an issuer, underwriter, or dealer.

5. From August through December 2002, Dutton published through Dutton Associates stock analysis reports with general disclaimers that failed to disclose that compensation was received from the issuer that was the subject of the report. These issuers included, among others, EasyLink Services Corp., Century Casinos, Inc., Rawlings Sporting Goods Company, Inc., and Panhandle Royalty Company. None of these issuers is alleged to have committed any wrongdoing. All of the compensation for the issuance and publication of Dutton Associates' reports from August through December 2002 came from the issuers covered by Dutton Associates' reports.

6. Dutton Associates' general disclaimers from August through December 2002 stated that anyone may enroll a company for research coverage for a payment of $25,000 per year, and that its reports were performed on behalf of the public and were not a service to any company.

7. Based on the foregoing acts, Dutton violated Section 17(b) of the Securities Act by publishing through Dutton Associates stock analyst reports without fully disclosing the receipt of compensation for the reports from issuers.

8. From August through December 2002, Dutton's continued use of, and his causing Dutton Associates to use, general disclaimers that did not disclose that the issuers had paid for the reports was in reliance on advice of counsel and entailed no fraudulent intent.2

9. From early January 2003, through the present, Dutton Associates' disclaimers have fully disclosed compensation received from issuers as required by Section 17(b) of the Securities Act.

IV.
In view of the foregoing, the Commission deems it appropriate to impose the sanctions agreed to in Respondent Dutton's Offer.

Accordingly, it is hereby ORDERED:

Pursuant to Section 8A of the Securities Act, Respondent John M. Dutton cease and desist from committing or causing any violation or future violation of Section 17(b) of the Securities Act.

By the Commission.

Jonathan G. Katz
Secretary

Endnotes

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1 The findings herein are made pursuant to Respondent's Offer of Settlement and are not binding on any other person or entity in this or any other proceeding.

2 Scienter is not an element of a Section 17(b) violation. SEC v. Wall Street Publishing, 851 F.2d 365, 375-376 (D.C. Cir. 1988). State of mind may be considered in determining sanction.

sec.gov

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Home | Previous Page Modified: 01/19/2005



To: Jeffrey S. Mitchell who wrote (89452)1/19/2005 2:20:00 PM
From: StockDung  Respond to of 122087
 
"According to Gayle Essary, Investrend president, Mr. Dutton reinstated his recommendation at $3 1/16 on October 16 in Investrend's PAR Research Notes, published daily on Investrend's web site at www.investrend.com. Starnet's current price is $4 5/8. A copy of the report, including in Adobe pdf format, is available from the Investrend web site at www.investrend.com."

"The reinstatement of the recommendation of Starnet, withdrawn in September due to the RCMP raid, is based on:"

========================================================

Investrend Research Announces Investment Opinion on Starnet Communications, Inc.
Business Wire, Oct 21, 1999

Business Editors

NEW YORK--(BUSINESS WIRE)--Oct. 21, 1999--

Starnet Communications, Inc. Recommendation of Starnet Communication (OTC BB:SNMM) as a STRONG SPECULATIVE BUY is reinstated by PAR analyst based on clarifying situation. The new update report on Starnet is being distributed by Investrend Research.

An update report covering Starnet Communications, Inc. (OTCBB:SNMM) by PAR Supervisory Analyst John M. Dutton was issued today by Public Analysis & Review (PAR), the unique professional independent analyst program administered by the non-profit Investors Research Institute, Inc.. PAR reports are distributed by Investrend Research. According to Gayle Essary, Investrend president, Mr. Dutton reinstated his recommendation at $3 1/16 on October 16 in Investrend's PAR Research Notes, published daily on Investrend's web site at www.investrend.com. Starnet's current price is $4 5/8. A copy of the report, including in Adobe pdf format, is available from the Investrend web site at www.investrend.com.

The PAR report contains the reasons given by the analyst to reinstate Starnet his investment recommendation. They are summarized as follows: The reinstatement of the recommendation of Starnet, withdrawn in September due to the RCMP raid, is based on:

Legal Risks Assessable: The favorable ruling of Judge Williamson on October 15th to grant Starnet's Motion, and then immediately deny Las Vegas Casino's request to stay the ruling, has contributed substantially to the legal situation at SNMM becoming more quantifiable. There are risks to any legal process. However, based on talks with the Company, it appears the Crown (the British Columbia authorities) would need to greatly stretch to bring and obtain a conviction on gambling charges exceeding inadvertent misdemeanor violations of the bookmaking statutes. More serious charges would carry an attendant heavy burden of proof and legal extrapolation, which the Company does not feel either the facts or evidence can support. After talks with the Company and its General Counsel, we expect the Company can address the remaining legal issues effectively, and pursue removal of the Crown's restraining order on its cash.

Growth in Franchise Value: Starnet is a leading player in the Internet gaming industry. Its licensees account for over 35% - 40% of all Internet gaming sites. Its license-marketing utilizes strong sales and marketing programs, offers the most extensive gaming venues, and has a low initial license fee. Pari-mutuel products will be introduced shortly and its World Gaming 2000 software is expected to be introduced early in the new calendar year. Starnet now has the largest number of licensees of any company at 51, up from the initial 1 in Q4 of fiscal 1998. The culmination of its licensing efforts will be an increasing and diversified license portfolio participating in the net revenue streams of its 51 or more licensees. At its present size, earnings can also grow from internal means, as well as by the sale of additional licensees. Significant internal profit gains can be achieved over time by introducing programs aimed at assisting licensees improve their operations and marketing, and hence net revenues. By any measure, we believe the present "franchise value" of Starnet far exceeds its present market value.

Starnet Communications, Inc. Recommendation of Starnet Communication (OTC BB:SNMM) as a STRONG SPECULATIVE BUY is reinstated by PAR analyst based on clarifying situation. The new update report on Starnet is being distributed by Investrend Research.

An update report covering Starnet Communications, Inc. (OTCBB:SNMM) by PAR Supervisory Analyst John M. Dutton was issued today by Public Analysis & Review (PAR), the unique professional independent analyst program administered by the non-profit Investors Research Institute, Inc.. PAR reports are distributed by Investrend Research. According to Gayle Essary, Investrend president, Mr. Dutton reinstated his recommendation at $3 1/16 on October 16 in Investrend's PAR Research Notes, published daily on Investrend's web site at www.investrend.com. Starnet's current price is $4 5/8. A copy of the report, including in Adobe pdf format, is available from the Investrend web site at www.investrend.com.

The PAR report contains the reasons given by the analyst to reinstate Starnet his investment recommendation. They are summarized as follows: The reinstatement of the recommendation of Starnet, withdrawn in September due to the RCMP raid, is based on:

Legal Risks Assessable: The favorable ruling of Judge Williamson on October 15th to grant Starnet's Motion, and then immediately deny Las Vegas Casino's request to stay the ruling, has contributed substantially to the legal situation at SNMM becoming more quantifiable. There are risks to any legal process. However, based on talks with the Company, it appears the Crown (the British Columbia authorities) would need to greatly stretch to bring and obtain a conviction on gambling charges exceeding inadvertent misdemeanor violations of the bookmaking statutes. More serious charges would carry an attendant heavy burden of proof and legal extrapolation, which the Company does not feel either the facts or evidence can support. After talks with the Company and its General Counsel, we expect the Company can address the remaining legal issues effectively, and pursue removal of the Crown's restraining order on its cash.

Growth in Franchise Value: Starnet is a leading player in the Internet gaming industry. Its licensees account for over 35% - 40% of all Internet gaming sites. Its license-marketing utilizes strong sales and marketing programs, offers the most extensive gaming venues, and has a low initial license fee. Pari-mutuel products will be introduced shortly and its World Gaming 2000 software is expected to be introduced early in the new calendar year. Starnet now has the largest number of licensees of any company at 51, up from the initial 1 in Q4 of fiscal 1998. The culmination of its licensing efforts will be an increasing and diversified license portfolio participating in the net revenue streams of its 51 or more licensees. At its present size, earnings can also grow from internal means, as well as by the sale of additional licensees. Significant internal profit gains can be achieved over time by introducing programs aimed at assisting licensees improve their operations and marketing, and hence net revenues. By any measure, we believe the present "franchise value" of Starnet far exceeds its present market value.

Stronger Company: With the addition of Meldon Ellis, Esq., Corporate General Counsel, the senior management team of Starnet is being effectively expanded. Since the first press release of Claude Levy which caused market confusion, management has dealt effectively with a series of crises while focusing on building and restructuring its business. We expect management will continue to restructure Starnet to avoid many of the pitfalls that are clearer today. Senior management is more mature and experienced, coupled with impressive middle management personnel.

At present prices, there is substantial upside potential but the ongoing legal process will be closely monitored.

John M. Dutton, Analyst

Mr. Dutton is the supervisory analyst of PAR. He is a member of both the Boston and Los Angeles Security Analyst Societies, and has been an analyst and director of research at several firms including Moseley, Hallgarten, Estabrook & Weedon and LH Friend, Weinress, Frankson & Presson. He was president of Corsair Asset Management, an asset management firm, for over 11 years. For seven years, he was executive vice president of the international hospital company American Medical International. Mr. Dutton's past work includes development and execution of strategic and financial planning for small cap companies. Mr. Dutton presently is presently responsible for the expansion of the PAR program.

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