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Strategies & Market Trends : Anthony @ Equity Investigations, Dear Anthony, -- Ignore unavailable to you. Want to Upgrade?

To: RockyBalboa who wrote (90266)	1/27/2005 6:14:23 PM
From: olivier asser	Respond to of 122087

Here's some information relevant to that post, taken from the complaint I filed in the District Court. Key: Brokerage Defendants = Berber and Moor Investment Adviser Defendants = Rea and Trading Places In order to further the conspiracy and as part of their Enterprise that was engaged in a pattern of racketeering activity, Defendants formed channels of Internet communication via the ChatSpace software, located on TP’s website, “*Chat,” located on Berber and Moor’s * site, and SI, where they created * threads. Each of these channels furthered the goals of the Enterprise in numerous ways: • They served as a principal channel of communication among Defendants to ensure that “training” in scalping, basket and lunchtime trading would be delivered seamlessly as a unified message to the country and to react to threats to the industry, such as for example truly independent investment advisers who had not engaged in kickback agreements with the Enterprise; • They served to provide a uniform voice to propagate Defendants’ and their co- conspirators’ false and misleading material statements about high volume securities trading and Defendants’ commitment to unbiased and independent products and services provided solely for the “benefit” of their clients; • They provided an “independent” front for Defendants’ activities. TP, the other IA’s and SI, for example, were, through numerous aliases they established there, used by Defendants to claim falsely that securities traders were reaping vast profits based on the “independent,” “third-party” “trader training” and securities recommendations, and through which they falsely implied the dangers of purchasing the products and services of companies not engaged in Enterprise activities; • They were mechanisms for enforcing the conspiracy and ensuring that all Defendants continued to participate in the Enterprise. Defendants and/or their attorneys were in constant contact with each other through SI, Chat and the IA ChatSpace chat channels. The numerous IA owners and staff that exercised control over “trader training” and securities recommendations and editorial control over statements made in their “trading desk” chat platforms provided regular opportunities for Defendants' agents to meet and to ensure that Defendants were continuing to act in concert. 147. At all times, the SI threads and the “moderated discussions” at TP and the IA’s were controlled by Defendants and their agents and employees. Defendants controlled each public platform directly and through the web of hundreds of co-conspirators and their companies, made up of representatives of the Brokerage Defendants, the Investment Adviser Defendants and outside counsel... Defendants’ frequent and continuous interaction as controlling participants in the Enterprise hierarchy, the various sites created for the sole purpose of luring traders to trade to extremely high volumes of “tickets,” the “training” modules jointly published, the many press releases touting their “alliance,” and other structures spread out over the Internet, Defendants and others have constituted an association-in-fact enterprise as defined in 18 U.S.C. § 1961(4)... Berber/Moor and Rea/TP worked together towards the common goal of ensuring that day trading was equated with high-volume securities trading and that truly independent investment advisers would be punished for not following the Enterprise aims and practices.** 151. On information and belief, by frequent and continuous communications among, and coordinated activities of, Defendants and their agents that continue to the present day, Defendants and others continue to constitute an association-in-fact enterprise as defined in 18 U.S.C. § 1961(4).