To: Hawkmoon who wrote (8682 ) 2/3/1998 7:35:00 AM From: Charles A. King Respond to of 13091
Ron, I want to thank you and your traveling companion for traveling once again to Charleston and for reminding the readers of this thread that the USA is not a police state (thank God!)and that we are permitted to travel anywhere in the US if and when we want to. We are also allowed to investigate an investment and discuss that investment among ourselves. The following is an excerpt from the SEC Digest about an investment that was not investigated.The Commission announced that on January 30, 1998, it instituted and simultaneously settled cease and desist proceedings pursuant to Section 8A of the Securities Act of 1933 (Securities Act) against Dean McDermott and Stephen Compos, both of Bethlehem, Pennsylvania, and Daniel Shaffer (Shaffer), of Reading, Pennsylvania (collectively, Respondents). The Order Instituting Cease and Desist Proceedings (Order) found that from approximately May 1995 through May 1996, Respondents solicited and raised at least $4.8 million for purported bond trading programs offered by Old Naples Securities, Inc. and James Zimmerman (Zimmerman). The Order found that instead of making the promised investments, Zimmerman operated a "Ponzi" scheme and misused and misappropriated customer funds. The Order found that Respondents solicited these investments based solely on Zimmerman's oral representations to them and conducted an insufficient investigation into the investments. The Order also found that certain "red flags" should have caused Respondents to investigate the bond investments in greater detail. The Order finds that Respondents committed or caused violations of Sections 17(a) (2) and (3) of the Securities Act. Pursuant to their Offers of Settlement, Respondents consented to the entry of a cease and desist order and to an order that Shaffer pay disgorgement of $90,000 plus pre-judgment interest, all of which was waived based on Shaffer's demonstrated inability to pay. (Rel. 33- 7502; File No. 3-9540) Of course, not all investors and their representatives can uncover all information about all investments. But it becomes much easier when information can be passed freely among investors for discussion. Charles