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To: Candle stick who wrote (10805)10/31/1997 2:12:00 PM
From: Riley G  Respond to of 55532
 
New York Times: October 30, 1997
search.nytimes.com

SEC Schedules Meeting as Small-Stock Fraud Soars
By LESLIE EATON

NEW YORK -- Federal regulators are turning up the heat on some of Wall
Street's biggest firms in an effort to prevent some small brokerage
operations from defrauding investors who trade in the stocks of tiny
companies.

Arthur Levitt Jr., the chairman of the Securities and Exchange Commission,
has called a meeting for Monday morning in New York with various regulators
and at least half a dozen big firms that process the trades of thousands of
smaller outfits, according to a letter given to The New York Times by a
Wall Street executive.

In his letter summoning the firms to a meeting, Levitt wrote that
"minimizing abuses in the market for low-priced, or microcap, securities is
one of my highest priorities." State and federal regulators report that
fraud in small stocks is soaring, costing investors billions of dollars.

Much of the fraud, regulators say, occurs at small brokerage firms that
could not stay in business without a clearing firm. Clearing brokers
process and guarantee the trades of small firms, maintain their customers'
accounts and in some cases lend the firms money.

One issue the commission is examining, Levitt wrote, is "ways in which
clearing brokers can be more responsive to red flags they receive about
misconduct" at their client firms. Because customers receive their
statements from clearing firms, they often complain to the clearing firms
about problems like unauthorized trading.

Commission officials declined to comment on the letter.

The firms invited to the meeting include the largest firms that clear for
others: Bear Stearns; Donaldson, Lufkin & Jenrette, whose clearing
operation is its Pershing division; and Fidelity Investments' National
Financial Services Corp.

Officials of these firms either declined to comment late Wednesday or could
not be reached for comment.

The arcane world of clearing has become controversial because of the
activities of several small brokerage firms that, regulators contend,
defrauded investors of millions of dollars.

A grand jury in Manhattan is investigating the demise of a firm, called
A.R. Baron, that had a long history of regulatory run-ins and customer
complaints. Among the issues being investigated are the links between
executives of Baron and Bear Stearns, and whether Bear Stearns took unusual
steps that allowed A.R. Baron to stay in business.

Bear Stearns has denied any wrongdoing. In a filing earlier this month with
the SEC, the firm said that "various regulatory and governmental agencies"
were investigating some of its clients in addition to Baron.

Last month, the New York Stock Exchange voted to require clearing firms to
monitor the trading at their client firms and to pass along to regulators
any complaints they receive.

James Cayne, the president of Bear Stearns, responded that such
requirements would expose his firm to too much legal liability and would
cause it to cut back or abandon the clearing business.

While clearing is a very profitable business for big firms, it is not
without risk. Fidelity's National Financial unit is on the hook for $9
million in trades that were done through one of its clients, a firm called
Saperston Financial of Buffalo. Saperston collapsed after a customer
refused to pay for 2 million shares of a Vancouver company called H&R
Enterprises.

On Oct. 8, National Financial filed lawsuits in Florida and British
Columbia against a bevy of firms and individuals that it said were involved
in defrauding Saperston, according to court filings.

Canadian and U.S. regulators are investigating H&R, whose stock they
suspect was manipulated. The shares, which traded in the United States on
Nasdaq's electronic bulletin board, zoomed from just pennies a share in
July to almost $7 in September before collapsing to less than 50 cents.



To: Candle stick who wrote (10805)10/31/1997 2:15:00 PM
From: Typhoon  Read Replies (2) | Respond to of 55532
 
Trading wouldn't be halted in order to let MMs off the hook who have sold what they didn't own. The MMs will, however, be required to balance any short positions, and this can only be done by buying back shares. Whatever goes on between the MMs and the shorters, well, that's their little problem to deal with. If the shorters declare bankruptcy or leave the country, the MMs are still responsible for balancing out.

There is no easy out. Anyone who short sells a stock must be prepared for the consequences. This is why shorting is so dangerous - if you're long in a stock, the worst that can happen is you lose your investment. If you're short, you can do much worse than lose your investment - there is no limit to the stock price, and you can end up coughing up a ridiculous amount of money. Of course, this is all obvious, but worth repeating.