To: CO who wrote (4486 ) 7/12/1998 12:07:00 PM From: Bob Davis Read Replies (1) | Respond to of 8879
Cheryl, Putting out false information is not only "wrong" it is quite illegal. Section 10 of the Securities Exchange Act of 1934 covers "Regulation of the Use of Manipulative and Deceptive Devices". It states that "It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce (which includes the internet) or of the mails, or of any facility of any national securities exchange-- (b) To use or employ, in connection with the purchase or sale of any security registered on a national securities exchange or any security not so registered, any manipulative or deceptive device or contrivance in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors." Rule 10b-5 carries this point a bit further - you might want to take a look at it. This Section was added to the '34 so as to strengthen the provisions initially made in Section 12 of the Securities Act of 1933, entitled "Civil liabilities arising in connection with prospectuses and communications". This reads in part, "Any person who (2) offers or sells a security....by the use of any means or instruments of transportation or communication in interstate commerce or of the mails, by means of a prospectus or oral communication, which includes an untrue statement of a material fact or omits to state a material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading (the purchaser not knowing of such untruth or omission), and who shall not sustain the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of such untruth or omission, shall be liable to the person purchasing such security from him, who may sue either at law or in equity in any court of competent jurisdiction, to recover the consideration paid for such security with interest thereon, less the amount of any income received thereon, upon the tender of such security, or for damages if he no longer owns the security." Anyone posting on any board or forum should be aware of these laws, and be prepared to work within them or face the consequences when the SEC begins more aggressive actions in this area. Bob Davis The Napeague Letternapeague.com