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Microcap & Penny Stocks : Naked Shorting-Hedge Fund & Market Maker manipulation? -- Ignore unavailable to you. Want to Upgrade?


To: Max Fletcher who wrote (124)3/16/2005 2:07:00 PM
From: rrufff  Respond to of 5034
 
'Squawk' Probe Figure Spoke of Broker Access
Monday March 14, 4:09 pm ET
By Matthew Goldstein, Senior Writer
TheStreet.com

An emerging figure in the SEC's probe of illegal Wall Street stock tips once tried to recruit traders by claiming he had access to Merrill Lynch's (NYSE:MER - News) internal communications system, sources say.

Former AB Watley (OTC BB:ABWG.OB - News) CEO John Amore allegedly boasted that he connected datytraders at his small New York firm into Merrill Lynch's "squawk box" system in order to gather information about pending block trades, say people familiar with Amore.

The former Watley executive often mentioned his supposed access to Merrill's internal communication system as a recruiting tool in trying to lure other traders to Watley, these people say.

To a lesser degree, sources say, Amore made similar claims about his access to Lehman Brothers' (NYSE:LEH - News) squawk box.

No source had knowledge about whether Amore's claims were true. A Merrill Lynch spokesman declined to comment on the allegation. A Lehman spokeswoman also declined to comment.

Amore, indicted last summer by federal prosecutors on an unrelated securities matter, has surfaced as a key figure in the eight-month investigation into the leaking of illegal stock tips to daytraders and others.

In the investigation, federal prosecutors and the Securities and Exchange Commission are looking into allegations that daytrading firms and hedge funds paid brokers to secure unauthorized access to internal brokerage calls.

The investigation, which began last summer, is focusing on allegations that the brokers received kickbacks or other compensation such as order flow in return for connecting traders to the calls.


Getting a tip about a block trade, a single trade of 10,000 or more shares, can be advantageous to traders trying to cash in on sudden price movement in a stock. Such tips could have permitted daytraders to engage in front-running, an illegal practice in which a person buys or sell shares ahead of a trade he suspects will move a stock's price.

TheStreet.com reported previously that people familiar with Watley said daytraders in the firm's proprietary operation had access to squawk box communications coming from several brokerage houses. Watley shut down its proprietary trading operation early last year, soon after the firm fired Amore in September 2003.

Last week, TheStreet.com reported that Lehman was one of the Wall Street firms contacted by the SEC in conjunction with the Watley investigation, according to people familiar with the inquiry.

On Monday The Wall Street Journal reported that Amore is believed to be cooperating with the federal investigation, possibly in the hopes of lighter penalty in the pending securities fraud case against him.

In that matter, reported last Friday by TheStreet.com, federal prosecutors in Brooklyn charged Amore with defrauding investors in a small hedge fund he managed, Amore Capital Group. The 18-count indictment, filed by prosecutors in the Eastern District of New York, charges that Amore lied to his investors about his education and his employment history. He also allegedly falsified records concerning a $3.2 million personal loan taken from the fund and created "fictitious quarterly statements" that were mailed to investors.

Amore pleaded not guilty to the charges. His attorney, Nelson Boxer, declined to comment.

The squawk box inquiry, meanwhile, is part of a broad investigation by prosecutors and the SEC into the misuse of confidential trading information. Last week, in what's believed to be a related action, federal authorities filed criminal and civil charges against Frank Furino, a former New York Stock Exchange floor clerk, for allegedly facilitating an illegal front-running scheme.

The authorities contend that Furino passed on tips about upcoming big block trades to a unnamed daytrader in return for cash payments. The scheme generated $300,000 in illegal profits from trades placed from August 2001 through December 2001.

The daytrader in the Furino investigation, identified only as an unindicted co-conspirator, was based in the former Great Neck, N.Y., office of Andover Brokerage, a daytrading firm that's now called Assent.

Peter Discenza, an executive with Assent, which is based in Hoboken, N.J., said the firm has nothing to do with Andover. He said Assent purchased the assets of Andover and has a different management team. However, a number of people working and trading at Assent were previously with Andover.

People familiar with Amore said the former Watley executive had a number of ties to Andover's Great Neck office. Amore, whose last known address was in the neighboring Long Island community of Plandome, N.Y., traded stocks out of the Andover office in Great Neck before joining Watley in September 2002.

Amore's hedge fund was located in the same Great Neck building that had housed Andover's office. The hedge fund employed only a handful of employees, of whom one had been a former trader in Andover's Great Neck office.



To: Max Fletcher who wrote (124)3/19/2005 12:24:50 PM
From: rrufff  Read Replies (2) | Respond to of 5034
 
Max, if you don't mind, I'm going to post your letter about AMERITRADE.

ANY AMERITRADE CUSTOMER, IT IS NOW EASY TO PREVENT YOUR SHARES FROM BEING USED AS A LOAN FOR SHORT SELLERS.

ALL YOU NEED TO DO IS CALL THE NUMBER LISTED IN MAX'S POST.


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

To keep shares from being loaned to shorts at Ameritrade, here are some instructions:

Dear :

Thank you for contacting us today regarding limiting your securities from being short sold by Ameritrade.

Clients who have a debit balance in their margin accounts may have their stocks loaned to short sellers or external brokers. In order to prevent your securities from being used in this manner, you will need to either:

1) Bring your debit balance to 0 by selling securities or sending funds to pay the debit amount
2) Elect to have all securities in your account exempt from short sell loans

For Option 2, you may reply to this email with your request, contact a Client Services representative at 800-669-3900, or compose a Letter of Instruction (LOI) detailing your request not to have your securities loaned for short transactions. If calling from outside of the United States, you can call 402-970-5805. If you are sending a LOI, mail the completed LOI to the address below:

Ameritrade Clearing Attn: Security Lending
4211 S. 102nd Street
Omaha, NE 68127

Ameritrade must receive your request to opt out no later than 10 business days prior to the ex-dividend date to ensure your shares are not loaned on the ex-dividend date. The request will be for all positions in the account; a request cannot be made for a specific security.

If you have further concerns or inquiries, please reply to this message.

Sincerely,

Apex Client Services, Ameritrade
Division of Ameritrade, Inc.