To: micny who wrote (111 ) 3/29/1998 10:40:00 PM From: micny Respond to of 545
FYI All: SEC Division of Enforcement Complaint Center http://enforcement@sec.gov/enforce/comctr.htm What does the Division of Enforcement do? The Division of Enforcement, a division of the United States Securities and Exchange Commission, is charged with enforcing the federal securities laws. The Division's responsibilities include investigating possible violations of federal securities laws and recommending appropriate remedies for consideration by the Commission. The Division also works closely with criminal authorities in matters of mutual interest. Investigations frequently concern the sale without registration of securities subject to the registration requirements of the Securities Act of 1933, or the misrepresentation or omission of material facts concerning securities offered for sale, whether or not registration is required. For example, it is unlawful in certain situations for someone to sell securities to you while withholding important information that could affect your investment decision, such as selling you stock in a company but not disclosing to you that the business has no existing operations or selling a stock to you for ten dollars per share when the seller knows the stock is worthless. Other types of inquiries relate to manipulating market prices of securities; misappropriating or illegally pledging customers' funds or securities; conducting a securities business while insolvent; broker-dealers buying or selling securities from or to customers at prices not reasonably related to current market prices; and broker-dealers violating their responsibilities to treat customers fairly. A common type of investigation involves the inquiry into market fluctuations in particular stocks which do not appear to result from general market trends or from known developments affecting the issuing company. Why Should I Submit a Complaint to the Division of Enforcement? Possible violations of the federal securities laws come to light through the Division's own inquiries, through referrals from other divisions of the SEC, from outside sources such as the self- regulatory organizations, or by other means, including review of complaints and inquiries from people like you. In fact, inquiries and complaints from the general public are the primary sources of leads for detecting law violations in securities transactions. If you believe that you have been defrauded by a broker-dealer, an investment adviser or any other person or entity (in which a security is involved), we want to know about it, especially if it relates to the Internet. When appropriate, the SEC can seek "disgorgement" as a remedy in certain situations, as, for example, when a scam artist has defrauded investors in a securities-related scheme. An order for disgorgement would mandate that the swindler attempt to return all or part of the money taken from victims.