Clinton Commerce Robert Shapiro,James Dale Davidson,attorney John O'Quinn scam
Tony Ryals | 20.03.2006 05:25 | Analysis | Globalisation | World
Only in America to my knowledge is a major scam or false claim called 'naked short selling' or anti-naked short selling' allowed by the U.S. Securities Exchange Commission to be used to mask or divert attention from illegal pump and dump or manipulation of penny stocks and penny stock near do wells such as Taser stun gun company and Patrick Byrne's Overstock.com who also operates a website called NCANS or National Coalition Against Naked Short Selling.And it is a total lie and fraud with websites created especially to promote the myth and often tout penny stocks.Recently generally unprofitable Nasdaq stocks have begun to make the false claim that counterfeit shares are being sold when in fact the worthless shell companies are themselves cranking out more shares to dump or sell to naive investors. It is my contention that this is an organized crime indeed that stretches to Kuala Lumpur and Dubia or UAE and points in between even though the fraudulent claim is only made in the U.S. where the worthless shares eventually wind up.
U.S penny stock shares may serve their greatest 'purpose' for money laundering because the SEC does not audit penny stock shares as they are issued and dumped to any great extent leaving it virtually impossible to calculate or track money flow as shares or bought and sold.This is the precise reason this fraudulent 'naked shorting' claim has flowered in the U.S. penny stock scam 'industry' and more recently to scammy Nasdaq companies in the U.S..and although the U.S. SEC pretends it doesn't see,both Americans with offshore accounts and foreign nationals are involved in promoting this 'industry' of worthless penny stock share of worthless or non-existent companies and 'dumping' or selling shares to naive investors or suckers.It is my belief these wortless unadited shares serve an equally or more 'valuable' need of certain elite to launder money as well including in Dubai and the UAE where W Bush et.al. says it doesn't occur anymore..
Clinton Under Secretary of Commerce Robert Shapiro,James Dale Davidson,attorney John M O'Quinn stock fraud
And note below how newsmax writers make Clinton appear to be buttering up to Davidson,a fellow Rhodes scholar, to try and get his 'economic secrets' which as anyone who has done any investigation of his many penny stock pump and dump scams knows is simple fraud,usually penny stock fraud. And penny stock shares are perhaps if not the most significant manner of laundering money,(they are a multi billion dollar anual 'business')they are certainly one of the easiest, particularly with Beltway connections and a complicit SEC and connections in the SEC and the Beltway. Also a google search of the co-author below,'Christopher Ruddy' and 'Clinton', will remind you it was he who was employed by Rupert Murdoch's New York Post and then by Richard Mellon Scaife and James Dale Davidson as their selected Clinton smear writer,particularly in their fraudulent political smear claim,'Clinton killed Vince Foster'.
Robert Shapiro,James Dale Davidson,attorney John O'Quinn stock fraud
By jesus naked shorts in dubai on 3/18/2006 11:34:55 PM
E-mail: endoscam@lycos.com
Robert Shapiro aids Utah Overstock.com Patrick Byrne,Senator Bob Bennett stock fraud
This is who former Clinton Under Secretary of Commerce Robert Shapiro works for as well as the unethical and fraudulent Houston attorneys John M.O'Quinn and Wes Christian.
Although the DTCC in their recent press release below makes a strong case that the SEC supports them against Robert Shapiro's fraudulent claims in favor of penny stock criminals running boiler rooms with unaudited and worthless U.S. penny stock shares and possible international money laundering operations with those shares and in claiming contrary to Shapiro and the criminal law firms he represents that 'naked short selling' is not a major problem or no problem at all to stocks and investing, and thus Patrick Byrne's and James Dale Davidson's et.al.'s NAANSS and NCANS and http://www.ncans.net and www.thesanitycheck.com are internet securities frauds - the 'unofficial' SEC appears to be a completely different story.
If a former SEC attorney,Brent Baker, is in bed with penny stock fraud operators and SEC connected Georgetown University 'business' professor James Angel commits both sercurities fraud and academic fraud in promoting the 'anti-naked short selling' fraud of Patrick Byrne's,James Dale Davidson's, et.al.'s NAANSS and NCANS onshore and offshore boiler room ops,cyber fraud,and probable money laundering with penny stock shares that the SEC and its Georgetown connected cyber zsar John Reed Stark and SRA International its internet and cyber securities contractor with supposed anti-mony laundering expertise,refuses to audit or prosecute and the SEC attorneys instead issue subpeonas to business journalists in an attempt to scare and gag them then the SEC itself must be infiltrated with the very stocks fraudsters and con artists it was created to combat.
DTCC Media Statement; Media Statement on Robert Shapiro's Report on Naked Short Sales
http://home.businesswire.com/portal/site/google/index.jsp?ndmViewId=news_view&newsId=20060316005515&newsLang=en
NEW YORK--(BUSINESS WIRE)--March 16, 2006--Robert Shapiro has admitted to DTCC he is a paid consultant for the John O'Quinn and Wes Christian legal firms, which have been suing DTCC with respect to naked short selling.
-- Robert Shapiro's report is replete with errors, baseless numbers (e.g., estimated fails), faulty analysis that we believe mischaracterizes and misinforms.
-- He ignores authoritative statements by SEC on these issues, which are readily available on the SEC Web site and reinforced in an amicus brief the SEC filed in support of DTCC in a recent legal proceeding. We believe he does this intentionally.
-- Mr. Shapiro continuously misstates our role in the industry. DTCC does not regulate the industry and is not an enforcement agency. We are highly regulated by the SEC.
Thus for example, Mr. Shapiro states, "At any time, the DTCC could fully clear and settle every extended naked short sale or failure to deliver by doing what it once did routinely in such cases: Buy the shares itself in the market ("buying in") and charge the account of the naked short seller's broker."
Mr. Shapiro is wrong; the SEC has stated publicly that we do not have such authority: "NSCC does not have the authority to execute buy-ins on behalf of its members. Moreover, forcing close-outs of all fails can increase risk in clearing and settlement as well as potentially interfering with the trading and pricing of securities."
-- His use of the terms "fails to deliver" and "naked short selling" interchangeably throughout this report is intended to confuse reality and we believe he does this deliberately.
The SEC has stated, "There are many reasons why NSCC members (a subsidiary of DTCC) do not or cannot deliver securities to NSCC on the settlement date. Many times the member will experience a problem that is either unanticipated or is out of its control, such as (1) delays in customer delivery of shares to the broker dealer; (2) an inability to borrow shares in time for settlement; (3) delays in obtaining transfer of title; (4) an inability to obtain transfer of title; and (5) deliberate failure to produce stock at settlement which may result in a broker dealer not receiving shares it had purchased to fulfill its deliver obligations."
-- In truth, failed transactions (whatever the reasons) represent less than one-tenth of one percent of the more than 26 million average daily transactions handled by DTCC.
-- Mr. Shapiro asserts that Reg SHO has not reduced the total number of outstanding fails. However, in his own report, his numbers demonstrate a 10% reduction in aggregate fails (nearly 58 million shares) and a 32% reduction in companies on the threshold list - and this was within the first three months under Reg SHO (see table 1, pg 5).
-- Mr. Shapiro is absolutely wrong in saying DTCC "tracks the precise number of fails for every stock, including all threshold companies, yet refuses to release those data to anyone, even affected firms."
DTCC provides data on the volume of fails daily to the regulatory bodies responsible for policing and enforcing broker conduct, including the marketplaces (NYSE, NASD, etc.) and the SEC. In addition, this data is used by these regulatory bodies for reporting on and the policing of Reg SHO compliance.
DTCC's subsidiaries do not disclose confidential information to the marketplace, including data on fails, since it could potentially be used in market manipulation.
And while we have data on the volume of fails, we have no information on the underlying causes of those fails. As noted above, there are many causes of fails.
......................................................................................
Former Utah SEC attorney Brent Baker who covered up for James Dale Davidson and Porter Stansberry in their Agora Inc. connected NAANSS or supposed 'anti-naked short selling'fraud that was used to draw attention from their illegal pump and dump frauds and possible money laundering with their worthless Endovasc and Genemax,etc., penny stock shares is part of the fraud as well that extends around the world including to terrorist money laundering havens of Kuala Lumpur and Dubai.
Mr.Brent Baker even contacted me by email in 2004 in his capacity as an SEC attorney prosecuting James Dale Davidson, Porter Stansberry ,and Agora Inc. when my queries to the Dallas-Fort Worth office of the SEC about a letter that appeared on the internet and ragingbull's Endovasc tout site or 'message board' from Endovasc's David P Summers that refered to Bellador Group of Kuala Lumpur as 'Baladore' from 'Arizona' threatened to expose the fraud.I didn't realise at the time he was part of the fraud but it is obvious now in retrospect as he and Utah SEC let Davidson and Stansberry walk scott free and didn't even charge them with using the 'naked short selling' claim for fraud to mask their illegal pump and dump activity including through a Charles Schwab account and LOM of Bermuda.Mr.Davidson and his co-author of various scammy books such as,'The Sovereign Individual',Lord William Rees-Mogg had already previously recommended LOM to investor-readers without disclosing his investment position in LOM.
I place that letter from David P Summers who made fraudulent claims to being a doctor with many medical patents to his name here for the record.The name of Bellador Group was changed to 'Baladore' ,even the date of the original securities act is changed.The Dallas Fort Worth office has the original unless they themselves destroyed the records to aid the fraud they seem to want covered up.The 'Arizona' connection is that of the fraudulent and traitorous attorney Ron Logan of Phoenix,Arizona's Geotas&Logan law firm.I say traitorous because anyone whether they be a government employee or a private sector attorney in this post 9/11 era who aids fraud and probable money laundering anywhere much less in Kuala Lumpur and Dubai in this post 9/11 era is an enemy of and to America and Americans. Anyone.
Both Tom Baudhuin and Barbara Ray are or were very real Dallas-Fort Worth SEC employees or attorneys. It was only through my enquiries on the internet and exposing myself and my real name and email that I was able to learn that Baladore in the internet version of David P Summers letter to them was really Bellador Group and far from being an Arizona based penny stock scam they were based in both Kuala Lumpur and Dubai !
An email from Barbara Ray at the time claimed the the SEC WOULD CERTAINLY NOT MAKE IT EASY FOR ME A DEFRAUDED INVESTOR OF ENDOVASC AND THAT I WHO AM NOT A LAWYER WOULD HAVE TO WRITE A LEGAL PLEA UNDER FOIA TO RECEIVE THAT LETTER IF THE ORIGINAL EXISTED AND HOPE THE SEC WAS IN THE MOOD TO DISCLOSE.
Only Bellador Group's fraudulent and criminal attorney Ron Logan who also lyed about Endovasc shares being 'naked shorted ' to David Marchant and other message board posters on Marchant's www.offshorebusiness.com was located in Arizona no doubt protected by the SEC and U.S. governemt that wishes to protect money laundering and boiler room activities with U.S. penny stock shares in Kuala Lumpur and UAE's Dubai for some reason.Why ?!
Re: ENDOVASC, the plot continues @ http://www.ragingbull.lycos.com/mboard/boards.cgi?board=EVSC
by eight675309@[EMAIL PROTECTED] (8675309) Dec 17, 2003 at 04:20 PM
@[EMAIL PROTECTED]
FROM RAGINGBULL MESSAGE BOARDS
CHECK IT OUT FOR YOURSELF
http://www.ragingbull.lycos.com/mboard/boards.cgi?board=EVSC
Mr. Tom Baudhuin
U.S. Securities Exchange Commission
Enforcement Division
Ft. Worth, Texas
Dear Mr. Baudhuin:
This letter is further to my today's telecom and substantiating a earlier telephone voice mail
made to Barbara Ray of the Enforcement Division on or about December 8, 2003 when I called to notify the Commission that I had expressed concerns as the Chief Executive Officer of
Endovasc Inc., (OTC BB ENSV) over potential violations of the 1932 Act, and particularly the Sorbannes/Oxly Act within my Company. I have been particularly disturbed over an Agreement between Endovasc, Inc. and The Baladore Group of Phoenix, Arizona which was acting as a Broker/Dealer in our securities to foreign nationals and/or exempt U.S. citizens. Of particular concern was the deal itself which carried a 50% discount to the Company but according to my Board of Directors was the "best we could do under the circumstances." The major concern was a continued drop in our stock price although I was assured that stock sold under Regulation S was restricted for one year, and the price drop was not the result of shares coming back in to the Country in circumvention of the Regulation. I instructed CFO and his assistant to request a
random sampling of the subscribers to ascertain and validate some degree of verification, no action was taken was taken that I could physically verify. I instructed my CFO and his coordinator to terminate the deal during a telephone conversation I made from Rome while presenting at a medical conference on or about November 26, 2002. I followed up with a
face-to-face meeting the next week in my office upon returning from Europe. I was assured that no more shares would be sold. One week later I was presented with a sign-off form from Baladore that represented that more shares had been sold and in order to be reimbursed by Baladore, I was put into a compromise with my instructions. I signed for reimbursement for the additional shares that represented about 200,000 shares, then terminated the CFO's coordinator, who was handling the logistics for the current CFO.
I called a meeting of the Board of Directors during the same week and asked for the resignation of the CFO. It had been disclosed that not only was the CFO paying himself cash and shares through his own private company which had been represented as a public accounting firm in the past, but was actually a family property trust administered by Mr. Cantrell for and on behalf of numerous family members. During the meeting, I teleconferenced the opinion of our securities counsel, Mr. Larry Wilson, Esq who confirmed to Mr. Cantrell that his actions and inability to perform as CFO had put the Company, its directors and Shareholders in grave risk. Upon hearing advise from Mr. Wilson, Mr. Cantrell told the Board,..."if my actions have put the Board and the Company into risk, then I WILL resign." He then asked for the weekend to consider his options. In order to accommodate this request the meeting was recessed until Tuesday, December 16,2003.
On Tuesday, Mr. Cantrell and Ms. Dottavio presented themselves to the meeting. They were accompanied by Judge Ken Reilly and one of his police officers, (Officer Whitehead?). Mr. Cantrell asked the chair if he could have the floor stating that he not only would he not resign but made a motion to remove me from the Chair and my position as CEO.Obviously a takeover
plan was in effect and Ms. Dottavio had prepared herself to cooperate with Mr. Cantrell's wish.
Judge Reilly then ordered me to hand over my keys, electronic pass card, and to empty my brief case in the presence of Ms. Dottavio and the Officer. I asked to return to my office in order to get advice of counsel, Mr. Wilson, who advised me to cooperate with the Officer. Not wishing to disturb the peace with an objection to this illegal act, as well subject myself to further abuse and humiliation I complied and
both the Judge and the Officer escorted me from the building.
To summarize, not only was this entire affair a blatant attempt to distract me from my mission to served the Shareholders best interest, but was a conspiracy of deceit perpetrated with an act of judicial oppression, upon the Shareholders by an incompetent CFO and Director with direct conflict of interest in holding both positions. My services to the company are indispensable at this moment in time, and my absence from the Board and Chief Executive decision making puts the Company and its shareholders at risk and irreparable harm. My sole mission as founder, CEO, Chairman and major stockholder in this company is to put in place corporate governance that is congruent with the Sorbannes/Oxly Act, SEC, the laws of the State of Nevada and the Charter and Bylaws of the Company in order to continue toward the goal of returning maximum investment to my shareholders share value. This mission is being obstructed by two Directors who have either obstructed these attempts or are incapable of performing the duties required by the above.
I have advised my Auditors and my SEC counsel of my investigation. I have recited by assessment of potential violations of the Act and requested an exceptional audit on share sales. Whether or not this will take place is now in the hands of the new CEO, Ms Diane Dottavio and the CFO, Mr. Dwight Cantrell.
Very sincerely yours.
ENDOVASC, INC.
Dr. David P. Summers,
.................................................
I am further greatly saddened at Kenneth Israel who has headed the Securities Exchange Commission's Salt Lake District Office for many years now.I surely expected more from him than allowing one of his subordinates to not only work at covering up fraud for James Dale Davidson,Porter Stansberry,Agora Inc. and thus William Bonner,et.al.,but also allowing him (Brent Baker)to self deal and be rewarded in the private sector for aiding fraud as a Utah SEC attorney. His employment with Overstock.com's Patrick Byrne who contiues the Davidson NAANSS fraud under a new acronym,NCANS,is all too transparent.
Salt Lake District Office
Kenneth D. Israel, Jr., District Administrator
15 W. South Temple Street
Suite 1800
Salt Lake City, UT 84101
(801) 524-5796
e-mail: saltlake@sec.gov
Below is the Endovasc Scam Warning that appeared as a disclaimer on the Bellador Group international boiler room website in early 2004.As I have said before on other indymedia posts,for there to be two different Mr.Taylors each having a boiler room operation committing fraud around the world and in Kuala Lumpur and Dubai in particular is indeed against a lot of odds.And the fraud discussed involves not only the known penny stock criminal enterprise operated out of Montgomery, Texas but also a scam involving Applied Micro Devices that even gets U.S. government contracts and involves a California bank as well,Union Bank of California,and internet fraud around the world and if the SEC or John Reed Stark and his internet cyber fraud division couldn't even make a phone call at least to Mr.Taylor's Arizona attorney Ron Logan and the Union Bank of California to get answers for defrauded investors what the hell is John Reed Stark doing teaching at Georgetown and pretending either ethical or legal or moral authority in his position as an SEC official ? He and the SEC ARE AS BAD OR WORSE THAN THE INTERNATIONAL CRIMINALS HE AND THEY ALLOW TO OPERATE WITH IMPUNITY AND OPERATE BOILER ROOMS AND MONEY LAUNDERING OPERATIONS WITH U.S. PENNY STOCKS.
From http://www.belladorgroup.com 's,(of Kuala Lumpur,Dubai,etc.), website:
Endovasc Scam Warning
Dated: Friday, 9 January, 2004
Dear Client
We have been advised that one of our long-standing Clients has been contacted by a company called Bellador Institutional Services, offering to purchase Endovasc shares in exchange for shares of Advanced Micro Devices. "Bellador Institutional Services" has no connection with our company, and is being operated as a fraudulent scheme to lure unsuspecting investors into wiring money to an account that has no connection with Bellador Advisory Services (Labuan) Ltd, or Endovasc Inc.
The client received a recommendation that he should exchange stock that he owns in Endovasc, Inc. for stock in Advanced Micro Devices, a company that has a very strong recent trading history. The request included a false claim that this company had inside information about bad news that would soon be released about Endovasc which would allegedly cause the trading price to fall. The client was offered the opportunity to exchange shares of Advanced Micro Devices for Endovasc shares before the release of the alleged bad news, but was told that he would have to wire almost $7,000.00 U.S. to Union Bank of California that would be forward to an account at FBME Limited in Nicosia, Cyprus to complete the transaction.
This is a completely fraudulent scheme by a company that is not connected with the real Bellador Advisory Services (Labuan) Limited. We would never give this type of advice regarding the purchase or sale of securities. It would be a violation of the securities laws of the United States for us to provide information to you from insiders at Endovasc that is not generally available to the investing public and for you to purchase or sell stock based upon that inside information that, when released to the public, might affect the trading price.
This fraudulent company called Bellador Institutional Services has no connection with Bellador Advisory Services (Labuan) Limited. The Peter Taylor who is referenced in the communications from Bellador Institutional Services is not the Peter Taylor who is a director of Bellador Advisory Services (Labuan) Ltd. The money that you may be requested to wire will almost certainly wind up in the hands of criminals in Cyprus rather than being used to pay for shares of stock in a public company called Advanced Micro Devices.
All communications with you by representatives of Bellador Advisory Services (Labuan) Ltd will be from persons at our office who are known to you. All real transactions will be confirmed by the usual Transaction Confirmation letter with instructions for funds to be sent only to trust accounts of Logan & Geotas, PLC., our law firm in Phoenix, Arizona, USA. You will not receive wire transfer instructions that show a bank outside of the United States as a final destination. Cyprus has joined Nigeria and several former Soviet republics as centers of Internet fraud and the recent schemes seem to be targeting sophisticated, high networth investors.
Our Internet technology consultants confirm that we have a secure firewall on our servers and that the confidential information about addresses of our clients who previously purchased Endovasc stock has not been compromised. The matter has been reported to the two banks which were listed on the fraudulent wire transfer instructions.
We have notified Endovasc, Inc. of the attempted fraud. We have requested (and Endovasc has agreed) that all future communications of shareholder addresses between Endovasc and its stock transfer agent be sent by facsimile transmission rather than by e-mail to reduce the chance that confidential information about client addresses could be obtained by the interception of e-mail messages.
Please advise us if you have any concerns or issues with the above information, because we are treating this as a very serious matter and we are also advising our Regulatory Authority LOFSA (Labuan Offshore Financial Services Authority) in respect of this matter.
Bellador Advisory Services (Labuan) Ltd
Client Services Dept
..........................................................
Former Clinton Undersecretary of Commerce Robert Shapiro aids James Dale Davidson's ,Attorney John O'Quinn's stock fraud money laundering fraud and cover up :
''Let's see how you do with the former Clinton Undersecretary of Commerce - this I can't wait to see.''
-
Quote above is from Bob O'Brien who is either James Dale Davidson or someone working with or for him on Jeff Matthews blog of April 2005 a couple of months after a fraudulent letter addressed to W Bush and costing over $100,000 to place in the Washington Post appeared on February 8,2005 that was paid for by a mysterious new penny stock fraud group called NCANS or National Coalition Against Naked Short Selling,very similar to Mr.Davidson's NAANSS or National Association Against Naked Short Selling that appeared in 2002 and disappeared from internet by early 2004 .
http://jeffmatthewsisnotmakingthisup.blogspot.com/2005/04/mystery-of-38-diamonds-part-iii.html
It is also very similar to National Taxpayers Union acronym of Steve Forbes,Richard Mellon Scaife and James Dale Davidson, et.al.,as well,proving the first and last refuge of criminals and scroundrels is phony patriotism.And the U.S. governent aids and abets these frauds allowing them internet anonymity to promote their massive stock frauds while spying on less right wing and Beltway connected individuals.
As I have mentioned in previous indymedia articles and WSJ or Wall Street Journal reporter Carol Remond has documented Utah's Partick Byrne has helped fund this major penny stock fraud and its ncans.net and http://www.thesanitycheck.com websites.A nunmber of penny stock promoters are involved and Patrick Byrne lied about the Washington Post ad being paid by 'mom and pop' investors who lost their stock investment through 'naked shorting'.Utah's Senator Bob Bennett has also aided the fraud and used his position in the Senate to help insure the SEC remains corrupt.
In truth 'naked shorting' ,if it were a widespread problem,which it isn't,would be the result of brokers or 'market makers' who buy and sell stocks for retail purchasers creating non-existent shares like counterfeitting currency to dump into the market or 'float' that would cause a decrease in share value like inflation does currency.Consider no Blue Chip stock or company makes this claim only penny stocks and stocks of corrupt companies such as Patrick Byrne's Overstock.com.Taser,and a number of such unprofitable penny stock near do wells that are often eventually caught by the SEC for manipulating their own shares or orchestrating massive insider pump and dump activities.
You may google search 'senator bennett ryals' to find my take on that.Also a Mary Helburn,a very strange woman indeed who posts on Yahoo's NFI message board and on 'Bob O'Brien's
'thesanitycheck.com',claims to be president of NCANS and 'Bob O'Brien' lying claims he can't identify himself for fear 'hedge fund' managers will kill him.This is major fraud folks brought to you in great part by SEC Chairman and 'WMD' hallucinating Christopher Cox who now sees a 'commie' behind every investigative journalist and SEC internet zsar and Chief of the Office of Internet Enforcement (OIE) in the Division of Enforcement of the US Securities and Exchange Commission,John Reed Stark ,who don't appear to notice much of anything.Do a google search 'mary helburn'.
And although his(Bob O'Brien') and NCANS ONLY given address is the Cheetah Club,a striptease joint in Las Vegas investigated earlier and whose management was convicted under the Patriot Act , John Reed Stark's Georgetown University colleague and 'naked shorting expert' James J. Angel of the McDonough School of Business (hee hee) actually does fraudulent infomercials for them to be broadcast on the world wide internet John Reed Stark is supposed to be patroling !!
Obviously you or I could not anonymously place an ad-letter to W Bush in this post 9/11 era without a major investigation to determine if we meant him harm or were 'terrorists'.But this anonymous Beltway connected group can and did and although they have threatened others over the internet, Mr.Marc Cohodes of Marin,myself and others,the FBI nor the NSA nor the CIA ,(who shouldn't operate within U.S. in my opinion but now do),nor the DOJ nor the SEC does or says anyting and Yahoo, who turns in Chinese reporters etc., and ragingbull.com, appears to protect and host their penny stock fraud operations on what should be illegal pump and dump message boards.
The SEC's John Reed Stark appears not to notice as he has done since he was appointed to the SEC'S INTERNET SECURITIES FRAUD OR CYBER FRAUD DIVISION IN THE 1990'S,. but it is transparent he is using his position as the Securities Exchange Commission's internet and cyber fraud 'zsar' to provide protection both to them and his Georgetown colleague James J.Angel who either works for NCANS or perhaps those at NASDAQ who have also employed him feel it is in their interest to promote stock fraud as well.
If I speak so frankly and bluntly and cynically and matter of factly it is from experience,documentable experience.I have the 'share holder agreement' of May 2002 from Endovasc
'management',Dwight Cantrell,'Dr.' David Summers and James Dale Davidson and Montgomery,Texas' Judge Ken Reilly,et.al.,to place 'up to 30 million' Endovasc shares' !!into ONE Charles Schwab account at a time they were doing a '40 for 1' 'reverse split' that should have left less than 3 million shares existing .You may do a Google search 'schwab share money laundering' or go to the indybay link on the same subject at bottom of this post to find a link to the pdf file of the Schwab,Endovasc shareholder agreement.I had to create my own term 'share-money laundering' to describe what the SEC and Charles Schwab and Endovasc and attorney John O'Quinn,and James Dale Davidson were covering up under the fraudulent claim of 'naked shorting'.
Instead they worked with a fraudulent ex SEC lawyer and
'transfer agent' Alexander H.Walker and his Nevada Agency and Trust Company that convicted short seller Anthony Elgindy warned about through information probably gleaned from FBI agent informants he had on his pay roll as a major fraud and con artist,to cover up their massive dumping of shares for one year so no SEC filings were even required as the fraud and dumping of shares continued and no money accrued in Endovasc's company account as all was stolen by the criminals running the fraudulent scheme.And you know what ?
They are all still in 'business' protected by our wonderful SEC that aids money laundering with unaudited shares and allows corrupt billionaire attorney John O'Quinn,Bud Burrell who uses even fraudulent 'Christian' penny stock websites to lure victims,and ex Under Secretary of Commerce Robert Shapiro to commit fraud and perjury day in and day out to aid Patrick Byrne's,James Dale Davidson's et.al.'s criminal enterprises with Beltway connections to launder money in Dubai,etc. ! I couldn't make this crap up anymore than I could lie about
'WMDS' in Iraq,etc..
Also hype or fraudulent promotions were made both in Businesswire press releases as well as in James Dale Davidson's Agora Inc. 'Vantage Point' at the end of 2002 for the express purpose of generating 'pump and dump' scheme to defraud investors and perhaps even a money laundering charge could be made if the SEC weren't corrupt and threatening reporters and covering up for Beltway scum ! Also for offshore boiler room activity that may be supporting the terrorism they have warned us about !!
And this in turn is who former Clinton Under Sectretary of Commerce works for as well as the unethical and fraudulent Houston attorneys John M.O'Quinn and Wes Christian.And although the DTCC makes a strong case that the SEC supports them in claiming that 'naked short selling' is not a major problem or no problem at all to stocks and investing and thus NCANS and http://www.ncans.net is a fraud - the 'unofficial' SEC appears to be completely different story.
After all why did the SEC subpeona WSJ or Wall Street Journal business reporters Carol Remond and Herb Greenburg if not to intimidate them for coincidentally investigating NCANS and or individuals such as Patrick Byrne who were connected in some way to what appears to be a Beltway fraud to launder money through U.S. penny stocks etc.,including in and through Dubai and the UAE where the Bush administration fraudulently tells us no money laundering occurs anymore.
Below is from James Dale Davidson's own far right wing internet 'news' site called http://www.newsmax.com . While I highly don't recommend it and would use it as an example of using the media or internet for what I call ' cultural malnutrition' or disinformation,which is Mr. Davidson's specialty aside from stock fraud and I believe money laundering through stock manipulation,it is most telling for its hinting at Mr.James Dale Davidson's true role and power behind the scenes in the Beltway and why he seems to get by almost with murder there.
Note,while Davidson is full of himself and a liar and major U.S. penny stock fraud,one can at times read between the lines of his dishonesty and his 'newsmax' with his selected writers writing copy of which he approves sometimes spill the beans without themselves realising it.Such is the case with Ruddy and Ryan below showing Davidson's disdain and delusions of superiority to his foe Bill Clinton in the this article from 2000.It must be remembered he claims to have been a supporter during Clinton's first election even though the writing below indicates he had very close ties to Papa Doc or 'Poppy' Bush in the 1980's.
And note below how newsmax writers make Clinton appear to be buttering up to James Dale Davidson,a fellow Oxford student Rhodes scholar, to try and get his 'economic secrets' which as anyone who has done any investigation of his many penny stock pump and dump scams knows is simple fraud,usually penny stock fraud. And penny stock shares are perhaps if not the most significant manner of laundering money,(they are a multi billion dollar anual 'business')they are certainly one of the easiest, particularly with Beltway connections and a complicit SEC and connections in the SEC and the Beltway. Also a google search of the co-author below,'Christopher Ruddy' and 'Clinton', will remind you it was he who was employed by Rupert Murdoch's New York Post and then by Richard Mellon Scaife and James Dale Davidson as their selected Clinton smear writer,particularly in their fraudulent political smear claim,'Clinton killed Vince Foster'. :
Economist: Inflation Rate Is Double Official Number
Christopher Ruddy and Ryan Troup
March 14, 2000
Jan. 20, 1993, and Bill Clinton was not president 24 hours when he saw James Dale Davidson at one of several Washington Inaugural Balls.
Clinton quickly waved past the salutations and congratulations. "Jim," he said, "You may able to help me."
Davidson, a Clinton campaign donor, a financial writer, then head of the National Taxpayers Union and someone who had known Clinton for years from annual retreats at the Hilton Head Renaissance weekends, nodded with agreement.
"I think the Bush people were cooking the economic numbers in the months before the election," Clinton said, continuing, "Do you think you could put together a report for me on how they did it?"
Davidson agreed but the thought went racing through his mind, "This man’s not president for one day and he’s already trying to figure out how to fix the books."
Since his inauguration Clinton has survived an avalanche of scandals that would have crushed any other mortal.
One factor cited by both Clinton critics and friends has been the booming U.S. economy and the longest bull market in the history of the world.
"It’s the economy, stupid!" was the Carville-inspired slogan of the Clinton-Gore ’92 campaign. The slogan has become the White House mantra for two terms.
http://www.newsmax.com/articles/?a=2000/3/21/85124
So it is obvious from Davidson's own self glorifying
'newsmax' that Mr.Davidson's claim to fame in the Beltway is 'cooking the books' apparently for 'Poppy' Bush during his and Reagan's terms in office and if you know the history of that period of Iran-Contra and drugs for guns into Mena, Arkansas and elsewhere you would know Davidson's self admitted and fraudulent 'talents' were well received.
Coincidentally Mr.Davidson's and Bill Bonner's Agora Inc. of Baltimore with fraudulent websites coming and going all over the internet,began in 1979 before the internet and the invention of his more recent fraudulent new claim of shares being 'electronically counterfeitted' but just in time for a great need to 'cook the books' in the Reagan-Bush era that funded much of its illicit war efforts in Nicaragua,Central America and elsewhere with illicit or non Congressional budget and ' off the record ' income.Remember the Congress was controlled by the Democrats who did not approve or allocate funds for the Reagan-Bush war in Central America,etc..Also their was the Iraq-Iran war that was so good for the Beltway's 'masters of war' as Bob Dylan might call them with the Pakistani BCCI scandal and loot to be stolen,etc..
Below is the beginning of former Clinton under Secretary of Commerce Robert Shapiro's letter to the DTCC acknowledging,
'I currently provide economic analysis to the law firms of O’Quinn, Laminack and Pirtle, Christian, Smith and Jewell...',
the very attorneys and law firms who have been aiding fraudulent penny stock scams since at least 2002 for James Dale Davidson and his fellow penny stock scam artists and money launderers to make fraudulent claims of having their shares 'naked shorted' when in truth these very 'companies' are orcheatrating 'reverse splits' to artificially increase their price per share and their ability to manipulate their own 'companies' worthless stock and then promoting their company through false advertising,another James Dale Davidson and Agora Inc. specialty,then dumping or selling millions of these worthless shares around the world including or perhaps especially in terrorist money laundering suspect countries such as Kuala Lumpur and Dubai and Bush still swears this does not occur just as he swore there were WMDS' in Iraq ! !
And if you can't or in the SEC's case won't audit shares you can't audit money flows so money is also being laundered in Kuala Lumpur,Europe,UAE,ETC. WITH U.S.. PENNY STOCK SHARES.THIS IN MANY CASES MAY BE A MORE IMPORTANT USE OF THOSE SHARES TO THOSE WHO CONTROL THEM THAN ILLEGAL PUMP AND DUMP FRAUD.
Yet all one has to do is go to the Bellador Group website, http://www.belladorgroup.com or do a google search to see U.S. penny stocks touted there. Endovasc of Montgomey,Texas is still promoted on their home page even though Mr.Taylor et.al. dumped uncounted and un-SEC audited shares in mass in 2003 and yet the SEC and its Chairman Cox threatens journalists for their investigations and the SEC's John Reed Stark has made it his duty to protect this fraudulent operation including their fraudulent websites directed at and for the purpose of defrauding Americans so certain partially hidden people benefit including far right Americans and others offshore including in Dubai where we are told no money laundering occurs ! !
------
April 13, 2005
Jill M. Considine
Chairman and Chief Executive Officer
The Depository Trust & Clearing Corporation
55 Water Street
New York, New York 10041-0099
cc: Stuart Z. Goldstein, Managing Director, Corporate Communications
Larry Thompson, Managing Director and Deputy General Counsel
Dear Ms. Considine:
I am Robert J. Shapiro, chairman of Sonecon LLC, a private economic advisory firm in Washington, D.C. I served as U.S. Under Secretary of Commerce for Economic Affairs from 1998 to 2001, Vice President and co-founder of the Progressive Policy Institute from 1989 to 1998, and principal economic advisor to Governor William J. Clinton in the 1991-1992 presidential campaign. I hold a Ph.D. from Harvard University and have been a Fellow of the National Bureau of Economic Research, Harvard University, and the Brookings Institution. I currently provide economic analysis to the law firms of O’Quinn, Laminack and Pirtle, Christian, Smith and Jewell, and Heard, Robins, Cloud, Lubel and Greenwood, on issues associated with naked short sales, including matters raised in an interview published by @DTCC with DTCC deputy general counsel Larry Thompson. Certain comments by Mr. Thompson in that interview were inaccurate or misleading, and I request that you allow me to correct the record by publishing this response.
The DTCC Lashes Out Ineffectively, and Dishonestly, At Its Critics - Today It's Robert Shapiro
http://www.thesanitycheck.com/BobsSanityCheckBlog/tabid/56/EntryID/163/Default.aspx
Below is a portion of the DTCC's most recent counterpoint to the penny stock scam artist Robert Shapiro :
Below is a copy of the anonymous Letter to W.Bush,et.al.,as it appeared on February 8 in the Washington Post.
It was found on www.ahandup.us google search and
the original website may or may not still exist.I know that site seemed mainly about erroneously claiming the Canadian-Nevada penny stock CMKM Diamionds was a victim of'naked short selling' rather than the trillion share pump and dump it was and is.
Kevin West's intro to the Washington Post letter to W.Bush et.al. of February 8 also says Bob O'Brien has a grievance with Rocker Partners,perhaps predating Overstock.com's Parick Byrne's perceived grievance.
This distinction is important to note because since the news.com aricle I am responding to was written, Rockers Partners has vowed to counter sue and names the anonymous Bob O'Brien of NCANS as a co-defendent.
What does this $100,000+ letter-ad to W.Bush in the Washington Post on February 8 have to do with the Rocker-Overstock dispute ?
A lot,because this was the firing of the first official volley by Patrick Byrne in his war against Rocker Partners,yet ironically it is is decrying 'naked short selling' as a danger to SS investing in markets,a claim made so far in mass only by about 100 very questionablre,perhaps criminal penny stock companies whose managements all have in commom hiding their float from investors,staing untold illegal pump and dump scams and possibly even money laundering !!!
I have already given my reasoning all over the internet as to why I believe Bob O'Brien is in fact James Dale Davidson of the National Taxpayers Union, newsmx.com,and the now disappeared NAANSS or National Association Against Naked Short Selling website.Mr.Davidson as well as Texas attorney John O'Quinn and for that matter used the erroneous claim that Endovasc of Montgomery,Texas a was 'naked shorted' by Charles Schwab,Refco,and Ameritrade.
James Dale Davidson and gang housed Genemax and the NAANSS organization in the same Blaine, Washington office !!! There is every reason to believe Genemax nor Endovasc were'naked shorted'
at all but were really illegal pump and dump ops
and in fact there is proof 'up to 30 million share' of Endovasc' was deposited into one Charles Schwab account !!!
Those interested in more detail may do a 'schwab lom endovasc davidson clinton' google search.For those interested in attorney Texas attorney O'Quinn and his part in the naked short claims of fraudulent penny stock Endovasc do a google of 'attorney o'quinn money laundering'.
Tony Ryals
Below letter to Washington Post by NCANS as well as a comment from Patrick Byrne's own website where he acknowledges his involvement with ncans
and the Washington Post letter.
Sample Letter
Hello, my name is Kevin West from Universal City, Texas.
The article attached below was posted in the Washington Post over a week ago and was addressed to the President of the United States, George Bush. This article was run as a very large article and ran in prominent places in the Washington Post on February 8th and 10th. Why is the media afraid to do an article of their own concerning this issue?
I don’t understand why, in the midst of National Security issues, Social Security issues and all of the Economic issues that this great country of ours faces today…. Why would a paper, with the national and international attention your paper receives, why would you not cover this story? As American citizens we DEMAND that our media bring these issues to the American Public. Are we not worthy of getting the news that government officials and Wall Street insiders know and have known for a long time?
You have to see this as one of the absolute BIGGEST NEWS STORIES to hit our country in recent times, and yet you do not care to publish it? If you cannot see the bigger picture of helping to get America’s markets cleaned up to help stabilize our economy, at least look at all the extra papers you will sell and the national and international exposure your paper will get from publishing this story! What happened to PATRIOTISM that the “FREEDOM OF THE PRESS” allows you to have? We fight for the media’s rights everyday in this country. Now take the time to fight for your country!
All of America is counting on you, stand up to the plate!
Respectfully,
Kevin M. West
An Open Letter on
The Abuse of Naked Shorting
February 8, 2005
George W. Bush, President of the United States
William H. Donaldson, Chairman of the Securities and Exchange Commission
Chuck Hagel, Chairman of the Senate Subcommittee on Securities and Investment
Richard Baker, Chairman of the House Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises.
Dear Mr. President and Honorable Chairmen,
As Congress considers incorporating private investment accounts into Social Security, it is essential that equity markets be fair, transparent, and not subject to flagrant abuse.
Unfortunately, illegal naked short selling is rampant in the markets today. It has been permitted to flourish unchecked, doing serious damage to the market value of many sound businesses, and is literally stealing money from the widows, retirees, and other small investors who purchased stock in these companies.
Naked short selling has been illegal since 1933, when the SEC was established. It was banned because naked shorting resulted in significant abuses that contributed to the crash of ’29.
That the problem still exists today is undeniable. The SEC recently enacted Regulation SHO (for SHORT selling). The Regulation creates a list of companies whose stock has been sold but not delivered in significant amounts. "Naked" short shares have, in effect, been counterfeited. They are as different from normal short shares as fake money is from real money. The ability to print counterfeit shares at will allows a hedge fund to destroy a company’s value over time by creating an artificial (and fraudulent) supply of stock. If this were cash, computers, or jewelry, the perpetrators would be behind bars. Yet apparently the rules are different for Wall Street—the SEC, the NYSE, and the NASDAQ exact no meaningful penalties, thereby allowing the practice to continue.
Though the recently instituted Regulation SHO Threshold list informs investors on a day to day basis which stocks are experiencing "failures to deliver" (i.e., naked shorting), it does not disclose the size of the failures—the public has no way of knowing whether they are in the thousands or millions of shares. The DTCC (Depository Trust Clearing Corporation), the NYSE, and the NASDAQ, who compile the data and publish the list, won’t tell anyone how big the problem is. Yet there is no rule or regulation that prevents them from making that disclosure.
Shareholders deserve to know how many fraudulent shares exist for every security on the Regulation SHO list. By withholding the one piece of information that could level the playing field between the public and naked short sellers, the regulators are hurting the public by protecting the violators.
To make matters worse, the regulators charged with protecting the public are not only failing to enforce the rules on the books, they have decided to "grandfather" the "fail to deliver" violations that existed before January 7, 2005. This is like letting bank robbers keep the proceeds from their past robberies, while warning them that there will be toothless penalties if they rob the same bank again. To repeat—naked shorting has been illegal for 70 years.
The chief violators are unprincipled hedge fund operators who take advantage of the absence of meaningful penalties to target smaller companies. The brokerage community and the DTCC are complicit, as brokers receive a commission for every naked share traded and the DTCC receives a fee for every phantom share borrowed. The losers in the equation are the shareholders and the companies, who are defenseless against this systemic gritt.
Why is this lawless predation on the investing public not only condoned, but also rewarded by excusing all pre-January 2005 violations? Who benefits other than the violators? Who is being shielded? Where is the consideration for the millions of unsuspecting investors seeking to supplement their retirement income—people who innocently rely on a "level playing field?" Where is a Congressional Oversight Committee? Where is the media?
Most importantly: how can private accounts be made part of the Social Security system when such flagrant abuse and manipulation of the equity markets goes on?
What must be done:
We have no quarrel with legitimate short selling, which can serve a valid and useful function in the markets. But as a group of shareholders who own some of the stocks on the Regulation SHO Threshold list, we call on the SEC and our elected officials to put a full stop to the illegal, abusive practice of naked short selling. The following four actions are essential at a minimum:
1) Enforce the existing rules. No exceptions. No looking the other way. The rules were written to protect the public by preventing naked shorting. Enforce the rules with meaningful penalties and prosecutions.
2) The DTCC and the Exchanges must disclose the number of shares that have not been delivered each and every day, for each company on the Threshold list.
3) Eliminate the grandfathering of existing undelivered stock sales. Enforce the buy-in provisions on ALL naked short positions, not just the latest violations.
4) Demand accountability for how this breach of the public trust occurred, and fix the problem rather than covering it up.
There is no excuse for allowing a group of predators to fleece the public and victimize sound companies for their own profit. This is one of the rare problems that can be solved quickly, easily, and at no cost—except to those who have abused the rules. The SEC has to stand up to the community it is supposed to be regulating, enforce the law, and eliminate the grandfathering of violations that occurred prior to an arbitrary date in January.
Until the illegal abuses in the markets are corrected, private investments in Social Security cannot be considered secure.
Sincerely,
NCANS — The National Coalition Against Naked Shorting © 2005
www.NCANS.net
A WORD FROM PATRICK BYRNE :
Update
Posted Feb 16, 2005, 12:13 PM
Obrien posted my long strand from last night all in one (logically sequenced) order over on www.ncans.net .
I recommend you read there, along with the following:
1) The ad we took out in the Washington Post:
http://www.ncans.net/files/NCANS%20WPost%20Ad.pdf
2) My letter concerning Carol's article:
http://www.ncans.net/byrneinterview.htm
And Obrien's deconstruction of Herb Greenberg:
http://www.nfi-info.net/herbfeb10.htm
Patrick
Below are fraudulent Businesswire press releases put out by attorney John O'Quinn,Dwight Cantrell, David P Summers,Judge Ken Reilly(who lied in SEC FILINGS OR ALLOWED DWIGHT CANTRELL TO DO SO USING HIS NAME AS HEAD OF ENDOVASC'S COMPENSATION COMMITTEE,AND JAMES DALE DAVIDSON ET.AL.:
Endovasc Announces Shareholder and Dividend Alert
Business Wire, Nov 12, 2002
Save a personal copy of this article and quickly find it again with Furl.net. It's free! Save it.
Business Editors & Health/Medical Writers
MONTGOMERY, Texas--(BUSINESS WIRE)--Nov. 12, 2002
Endovasc (OTCBB:ENVC) - a biotechnology company with two new cardiovascular drugs approved for final FDA phase III trials -announced today that it has -- in the opinion of its consultants -- uncovered an oversold position in excess of 1,000,000 shares in the company's stock, held primarily by The Charles Schwab Corp. (NYSE:SCH), Ameritrade (Nasdaq:AMTD) and Refco. The findings are a result of an ongoing litigation intelligence work conducted in connection with the $216 million stock manipulation lawsuit filed by Endovasc and accepted on contingency basis by the legendary trial attorney John O'Quinn, who also won the record $17.3 billion dollar settlement for the State of Texas vs. Big Tobacco.
"The oversold position in our company's stock can actually be great news for our shareholders," says Dr. David P. Summers, Chairman and Chief Executive Officer of Endovasc. "The overselling in our stock in the past few weeks does not seem to have had a negative impact on our share price. But, if shareholders actually asked for physical delivery of the shares they bought, the market would probably have to pay a premium in order to deliver them."
"Additionally, our Board has recently approved the issuance of a tracking stock dividend plan. But according to our plan, as approved, it won't be possible to issue any dividends to anyone that the company can't identify as a legal beneficial shareholder. This is why it is imperative that our shareholders contact their brokers to ask their stock to be taken out of the street form and put into physical form," states Summers.
Endovasc Shareholder Alert
Business Wire, Dec 19, 2002
Save a personal copy of this article and quickly find it again with Furl.net. It's free! Save it.
Business Editors/Health & Medical Writers
MONTGOMERY, Texas--(BUSINESS WIRE)--Dec. 19, 2002
Endovasc Ltd. Inc. (OTCBB:ENVC) -- a biotechnology company focused in the area of cardiovascular disease -- announced today that it believes the Company's stock has been shorted in the past few weeks, taking it down from $3 to the current $0.60 level.
Many of Endovasc's shareholders have contacted the Company during the last few days to express their concern on the significant drop in the Company's share price. Endovasc believes its shares are again being manipulated downward by a handful of short-sellers. The Company does not have any detailed evidence supporting this claim but has advised its attorney, John O'Quinn, to investigate the recent activity in the stock.
"It is important for our shareholders to know that we are fundamentally the exact same company as we were a few weeks ago when our stock was trading at $3.00. In fact, we have made further progress since then, as our recent press releases indicate," says Dr. David P. Summers, chairman and chief executive officer of Endovasc Ltd. Inc.
Re: Robert Shapiro,James Dale Davidson,attorney John O'Quinn stock fraud
By does anyone know ? on 3/19/2006 5:07:29 PM
E-mail: endoscam@lycos.com
In the original SEC litigation or complaint of April 9,2003 against Agora Inc.,James Dale Davidson,and Porter Stansberry for touting USEC, Genemax and Endovasc these lines,or whatever
they are called in legalese,numbers 41 and 42,naming Endovasc and Genemax in the complaint were there.But in the revised complaint of November 14, 2003 they are completely missing.
To my knowledge this did not help the SEC in its litigation and Davidson,Stansberry,and Agora Inc. got off without so much as a slap on the wrist anyway.So why did the SEC remove all mention of Genemax and Endovasc in the revised litigation ?
Any why in both was no mention made of a fraudulent claim of being 'naked shorted' to divert attention from the illegal pump and dump of Endovasc and Genemax ? Is or did the SEC cover up Davidson's illegal pump and dump and fraudulent
'naked short selling' claim on purpose ?
And if so is the SEC not perhaps responsible for the fraudulent naked short claim being revived with a vengeance in February of 2005 when Partick Byrne NCANS and his attorneys John M. O'Quinn and (ha)Brent Baker(whose job it should have been to convict Davidson and Stansberry and Agora Inc. for the fraudulent claim used to divert attention from their illegal pump and dump activity)began their new fraudulent naked shorting claim with a $100,000+ ad in the Washington Post and new internet tout websites to promote the scam ?(Not to mention taking over certain ragingbull and Yahoo message boards to direct potential marks into their scam and making threats to anyone who questioned their motives.)
The USEC complaint which I'm sure was dimissed shortly after the revised complaint was the only one of the 3 companies in which the 'naked shorting' claim was not made.Not that it mattered because SEC attorney Brent Baker et.al., of the Utah SEC office were determined to ignore or cover up that fraud that now rages across not only the OTCBB stock fraud boards but now even scammy Nasdaq stocks like Brent Baker's client Patrick Byrne is using it for his Overtsock.com as well as all the other scammy penny stocks touted on his NCANS website.And a number of Nasdaq penny stock near do wells besides Byrne's OSTK are also making the fraudulent claim of being victims of 'naked shorting',Taser being one.Why,and why is the SEC pretending it doesn't see and threatening journalists who might ?
I place both versions of the complaint here for comparison and because the original with mention of Endovasc and Genemax is missing from SEC documents and the link to the original on the SEC website in fact only leads to the last revised complaint of November 14, 2003.
I find it outrageous the John Reed Stark and his SEC internet fraud division doesn't at least put out an official warning that certain identified and unidentified individuals are using the internet to promote a fraudulent 'anti-naked short selling' scheme to promote or tout questionable 'securities'.I would greatly appreciate some feedback from anyone who has been following this besides myself.No wonder the SEC REFUSES TO ANSWER ANYONES' QUESTIONS.
Tony Ryals
41. For example, James Dale Davidson is the editor of Agora's Vantage Point Investment Advisory, a financial newsletter with a worldwide circulation. In December 2002 and January 2003, Agora distributed e-mails written by Davidson to its subscriber base. These e-mails promote several unnamed microcap issuers and offer to provide reports naming these issuers if the recipient of the e-mail paid $149 to subscribe to the Vantage Point newsletter.
42. Among the issuers promoted in this manner have been GeneMax Corp. and Endovasc Ltd., Inc. Davidson is an officer, director and, indirectly, a substantial shareholder of these two issuers. Neither the soliciting e-mail nor the subsequent company report discloses Davidson's relationship to the companies.
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
BALTIMORE DIVISION
UNITED STATES SECURITIES
AND EXCHANGE COMMISSION,
Plaintiff,
v.
AGORA, INC., PIRATE INVESTOR,
LLC and FRANK PORTER STANSBERRY
Defendants.
)
)
)
)
)
)
Case No. MJG 03 1042
COMPLAINT
Plaintiff Securities and Exchange Commission ("Commission"), for its Complaint against Agora, Inc. ("Agora"), Pirate Investor LLC ("Pirate") and Frank Porter Stansberry ("Stansberry") (collectivley referred to as "defendants"), hereby alleges as follows:
INTRODUCTION
1. Defendants engaged in an ongoing scheme to defraud public investors by disseminating false information in several Internet newsletters published by Agora or its wholly owned subsidiaries such as Pirate. Through various publications, defendants claimed to have inside information about certain public companies. Defendants suggested that its readers could cash in on the inside information and make quick profits. The defendants offered to sell the inside information to newsletter subscribers for a fee of $1,000.
2. Numerous subscribers purchased the defendants "inside tips" and made investment decisions based on that information. The purported inside information was false and, as a result, the subscribers did not realize the profits the defendants promised.
3. The defendants, however, profited handsomely. On information and belief, Agora received in excess of $1 million from the sale of false information to its newsletter subscribers.
STATUTES AND RULES ALLEGED TO HAVE BEEN VIOLATED
4. Defendants Agora, Pirate, and Stansberry have engaged and, unless enjoined, will continue to engage, directly or indirectly, in transactions, acts, practices, and courses of business which constitute violations of Section 10(b) of the Exchange Act of 1934 ("Exchange Act") [15 U.S.C. §§ 78j(b)] and Rule 10b-5 thereunder [17 C.F.R. § 240.10b-5].
5. Defendants' conduct occurred in connection with the purchase and sale of securities of public companies, including but not limited to, USEC, Inc. ("USEC").
JURISDICTION AND VENUE
6. The Court has jurisdiction over this action pursuant to Section 22(a) of the Securities Act of 1933 ("Securities Act") [15 U.S.C. § 77u(a)] and Section 21(d) of the Exchange Act, [15 U.S.C. § 78u(d)].
7. The defendants, directly or indirectly, have made use of the mails, means or instruments of transportation or communication in interstate commerce, or means or instrumentalities of interstate commerce in connection with the transactions, acts, practices and courses of business described in this Complaint.
8. Venue over this action is proper pursuant to Section 22(a) of the Securities Act [15 U.S.C. § 77v(a)] and Section 27 of the Exchange Act [15 U.S.C. §§ 77v(a) and 78aa].
9. Venue lies in the District of Maryland because certain of the transactions, acts, practices and courses of business constituting violations alleged herein occurred within the state of Maryland. In addition, Agora is a Maryland corporation with its principal place of business in Baltimore, Maryland. Pirate Investor LLC is a Maryland limited liability company with its principal place of business in Baltimore, Maryland. Defendant Frank Porter Stansberry is a Maryland resident.
AUTHORITY FOR PROMULGATED RULES CITED HEREIN
10. Plaintiff Commission brings this action pursuant to Sections 20(b) and 20(d) of the Securities Act [15 U.S.C. §§ 77t(b) and 77t(d)] and Sections 21(d) and 21(e) of the Exchange Act [15 U.S.C. §§ 78u(d)(3) and 78u(e)], to restrain and enjoin the defendants from engaging in the transactions, acts, practices and courses of business described herein which violate the federal securities laws, and transactions, acts, practices and courses of business of similar purport and object, to order defendants to disgorge all ill-gotten gains received during the period of violative conduct, and to impose civil money penalties pursuant to Section 20(d) of the Securities Act and Section 21(d)(3) of the Exchange Act against defendants.
11. Pursuant to authority conferred upon the Commission by Sections 10(b) and 23(a) of the Exchange Act [15 U.S.C. §§ 78j(b) and 78w(a)], the Commission promulgated Rule 10b-5 [17 C.F.R. §§ 240.10b-5]. Rule 10b-5 was in effect at the time of the transactions and events alleged in the Complaint and remains in effect.
DEFENDANTS
12. Agora, Inc. is a Maryland corporation based in Baltimore. Agora publishes books, magazines, newsletters and operates at least 15 financial web sites in the United States and Europe. Agora's publications include The Cutting Edge, Penny Stock Advisory, The Red Zone, Taipan, Rogue Trader, The Flying V Lockup Trader, CSX Trader, Fleet Street Letter, Options Hotline, Outstanding Investments, Richebacher Letter, Daily Reckoning Investment Advisory, Carpathia Letter, Strategic Opportunities, Jim Davidson's Vantage Point Investing, and the Contrarian Speculator. Agora publications have well over 21,500 paid subscribers.
13. Pirate Investor, LLC, is a Maryland Limited Liability Company that runs a financial advisory web site and newsletter, PirateInvestor.com. Pirate is wholly owned by Agora. Defendant Frank Porter Stansberry is the editor of PriateInvestor.com.
14. Frank Porter Stansberry, resides in Baltimore, Maryland. He is the editor of two of Agora's Internet financial newsletters: Porter Stansberry's Investment Advisory and PirateInvestor.com. Stansberry's compensation is based in part, on a percentage of the revenues realized by those on-line publications.
THE FRAUDULENT SCHEME
Marketing the False Inside Information
15. Agora's newsletters, including PirateInvestor.com, claim to be "a service featuring independent, original and thoughtful research into the process of wealth creation."
16. Instead, the newsletters contain nothing more than baseless speculation and outright lies, fabricated to induce investors to pay Agora (or its subsidiaries) for subscriptions or purported inside information.
17. The subscribers paid Agora for the alleged insider information only to later discover that the inside information was false.
18. On or about May 14, 2002, at least 15 of Agora's Internet newsletters disseminated an e-mail, written by Stansberry promising quick profits based on inside information. The heading on the e-mail stated: "DOUBLE YOUR MONEY ON MAY 22ND ON THIS SUPER INSIDER TIP." A true and correct copy of the May 14, 2002, e-mail is attached hereto as Exhibit A.
19. The e-mail claimed analysts at PirateInvestor.com had come into possession of certain details about the pending approval of a major international agreement that "will create more than $2.5 billion in profits for one small company." The e-mail identified the issuer as a company that was involved in the nuclear energy field and would benefit from the arms reduction treaty between the U.S. and Russia.
20. Stansberry's May 14, 2002, e-mail maintained investors would "make a fortune" because PirateInvestor.com had a "senior executive inside the company" as a source for its inside information. PirateInvestor.com claimed this executive was "definitely in a position to know the intimate deals of this agreement" and when it would be approved. Therefore, the e-mail announced that PirateInvestor.com was in a position to "tell you EXACTLY WHEN the deal will be finalized and announced to the public."
21. The e-mail encouraged recipients to stake their entire investment portfolios on this unnamed company and suggested investors would be able to double their "investment dollar in a single day." Finally, the e-mail stated PirateInvestor.com "can even tell you exactly which day to buy (May 21st) and which day to sell (May 23rd). There is nothing else you have to do."
22. The e-mail did not give the name of the company but indicated it was listed on the NYSE and offered to sell a full report including the name of the company to subscribers for $1,000.
The USEC Report Contains False Information.
23. Once the reader purchased the tip for $1,000, the reader received a report that identified USEC as the company with the impending contract approval ("USEC report"). A true and correct copy of the USEC Report is attached hereto as Exhibit B.
24. Agora's web site attributed the May 14, 2002 e-mail and the USEC report to Jay McDaniels. Jay McDaniels is a pseudonym for Stansberry.
25. The USEC report claimed USEC and Tenex, a Russian governmental agent corporation, had reached an agreement for Tenex to sell dismantled nuclear warheads to USEC at a reduced rate under a pricing agreement.
26. The USEC report indicated that both the U.S. and Russian governments were required to approve the pricing agreement before it became effective. The USEC report claims that, based on information from a company insider, the pricing "agreement will be approved just prior to the upcoming Bush-Putin Summit." Referring again to the pricing agreement, the USEC report states that "[a]ll it needs are the politicians to sign off on the deal" and "according to my source, that will happen-finally-on May 22nd."
27. Stansberry eventually identified Steven A. Wingfield as the insider who purportedly provided the inside information regarding the May 22nd signing date of the arms reduction treaty between U.S. and Russia. Steven A. Wingfield is USEC's Director of Investor Relations.
28. Stansberry claimed Wingfield told him the U.S. and Russian governments would approve the agreement between USEC and Tenex on May 22, 2002, the day before the start of the Bush-Putin Summit. Wingfield made no such statement to Stansberry.
29. Wingfield told Stansberry the same thing he told all analysts who called the investor relations department at USEC. Stansberry asked Wingfield about the pending approval of the USEC-Tenex contract by the U.S. and Russian governments. Wingfield responded to Stansberry, as he did to all analysts, by saying USEC "expected it would be approved in the near future."
30. Wingfield did not tell Stansberry, directly or indirectly, that the pricing agreement with Tenex would be approved by any governmental entity on May 22, 2002. No one at USEC knew when or if the pricing agreement would be approved.
31. Stansberry had no basis whatsoever for the claim in the USEC Report that the approval of the USEC-Tennex contract would occur on May 22, 2002.
32. The pricing agreement between USEC and Tennex was approved on June 19, 2002. On that date the Department of State and USEC separately announced approval of the pricing agreement by both the U.S. and Russian governments.
Market Activity in Response to Agora's False Information
33. From January 2, 2002, through May 13, 2002, trading volume in USEC common stock averaged approximately 189,000 shares a day at prices ranging from $5.78 to $7.37 a share.
34. From May 14 through May 23 volume averaged 3,340,138 shares a day with closing prices ranging from $7.85 a share on May 14 to a high of $9.98 a share on May 20. There was also a significant increase in the volume of options trading in USEC stock during this period.
35. On May 22, USEC failed to make the announcement promised by the Agora e-mails and the USEC report and that day the price of USEC stock fell from $9.54 to $8.20 a share, a drop of nearly 15%.
Agora's On-going Efforts to Disseminate False Information to the Investing Public
36. Agora promoted other securities in its newsletters. Even after Agora became aware of the Commission's investigation, its newsletters have continued to publish e-mails promoting numerous securities accompanied by fantastic claims of quick profits or inside information.
37. For example, Agora publications have touted stocks that it claims will double or triple in value over the next year. Other Agora publications claim to provide information that allows an investor to "turn $10,000 into $114,280 by April 18, 2003."
38. Agora continues to promise its subscribers, "Almost Unbelievable Profits - 4.5 Times Your Money in 48 Hours."
39. As recently as the first week in April 2003, Agora published articles making similar claims of exorbitant profits. In each instance, recipients of the e-mails are offered "free" copies of the headlined reports if they subscribe to one of the various Agora newsletters at a cost of from $69 to $1250 a year. The money-making investments featured in the reports are typically microcap issuers with cures for cancer or AIDS or a technological breakthrough. Some of the tips are characterized as being based on "secret" or "inside" information.
40. In some instances, the individual writing the reports Agora provides to its subscribers has an undisclosed relationship to the company being promoted.
41. For example, James Dale Davidson is the editor of Agora's Vantage Point Investment Advisory, a financial newsletter with a worldwide circulation. In December 2002 and January 2003, Agora distributed e-mails written by Davidson to its subscriber base. These e-mails promote several unnamed microcap issuers and offer to provide reports naming these issuers if the recipient of the e-mail paid $149 to subscribe to the Vantage Point newsletter.
42. Among the issuers promoted in this manner have been GeneMax Corp. and Endovasc Ltd., Inc. Davidson is an officer, director and, indirectly, a substantial shareholder of these two issuers. Neither the soliciting e-mail nor the subsequent company report discloses Davidson's relationship to the companies.
FIRST CLAIM FOR RELIEF
FRAUD IN CONNECTION WITH THE PURCHASE
OR SALE OF SECURITIES
Violations of Section 10(b) of the Exchange Act, 15 U.S.C. §78j(b),
And Rule 10b-5 thereunder, 17 C.F.R. § 10b-5
43. The Commission repeats and realleges each and every allegation contained in paragraphs 1 through 42, as if fully set forth herein.
44. Defendants, by engaging in the conduct described above, directly or indirectly, in connection with the purchase or sale of securities, by the use of means or instrumentalities of interstate commerce, or of the mails, or of a facility of a national securities exchange, with scienter:
employed devices, schemes or artifices to defraud;
made untrue statements of material fact or omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or
engaged in acts, practices or courses of business which operated or would operate as a fraud or deceit upon other persons;
in violation of Section 10(b) of the Exchange Act and Rule 10b-5 thereunder.
45. By reason of the foregoing, defendants violated, and unless restrained and enjoined will continue to violate, Section 10(b) of the Exchange Act, 15 U.S.C. § 78j(b), and Rule 10b-5, 17 C.F.R. § 240.10b-5.
PRAYER FOR RELIEF
WHEREFORE, plaintiff Commission respectfully requests that this Court:
I.
Issue findings of fact and conclusions of law that Defendants committed the violations alleged herein.
II.
Issue an Order Issue in a form consistent with Rule 65(d) of the Federal Rules of Civil Procedure, permanently enjoining defendants Agora, Pirate and Stansberry, and their officers, agents, servants, employees, attorneys, and accountants, and those persons in active concert or participation with any of them, who receive actual notice of the order by personal service or otherwise, and each of them, from engaging in the transactions, acts, practices and courses of business described herein, and from engaging in conduct of similar purport and object in violation of Section 10(b) of the Exchange Act and Rule 10b-5 thereunder.
III.
Enter an order that defendants Agora, Stansberry and Pirate, provide an accounting and disgorge their ill-gotten gains from the illegal conduct alleged in this Complaint and to pay prejudgment interest thereon.
IV.
Enter an Order that Defendants Agora, Stansberry and Pirate pay civil penalties pursuant to Section 20(d) of the Securities Act, 15 U.S.C. § 77t(d), and Section 21(d) of the Exchange Act, 15 U.S.C. § 78u(d), for the violations alleged herein.
V.
Retain jurisdiction of this action in accordance with the principles of equity and the Federal Rules of Civil Procedure in order to implement and carry out the terms of all orders and decrees that may be entered, or to entertain any suitable application or motion for additional relief within the jurisdiction of this Court.
DATED: April 9, 2003 Respectfully submitted
/s/ Karen L.Martinez___
KAREN L. MARTINEZ
THOMAS M. MELTO
BRENT R. BAKER
Securities and Exchange Commission
50 South Main Street, Suite 500
Salt Lake City, Utah 84144
(801) 524-5796 (801) 524-3558 (fax)
Attorneys for the Plaintiff
Securities and Exhange Commission
http://www.sec.gov/litigation/complaints/comp18090.htm
..............................................................
Senator Bennett :Is Patrick Byrne's NCANS a Fraud ?
http://utah.indymedia.org/news/2005/10/11883_comment.php
Agora Inc,Bill Clinton,James Davidson,stock fraud and political fraud
http://colorado.indymedia.org/newswire/display/11984/index.php
Is Arizona attorney Ron Logan aiding international penny stock fraud ?
http://utah.indymedia.org/news/2005/09/11777.php
CFRN,Bud Burrell,attorney Ron Logan,'naked short' penny stock scam,Phoenix,Arizona
http://www.indybay.org/news/2006/02/1805268.php
Did Utah SEC's Brent Baker cover up for National Taxpayers Union Founder ?
http://www.utah.indymedia.org/news/2005/10/11937.php
Houston attorneys John O'Quinn,Wes Christian aid massive penny stock fraud
http://www.okimc.org/newswire.php?story_id=1289
The Byrnes,John Edwards,Attorney O'Quinn,Swift Boat Vets,Money Laundering
http://chapelhill.indymedia.org/news/2005/10/16530.php
To SEC : James Angel,Georgetown University,Aids Penny Stock Fraud
http://cvilleindymedia.org/newswire.php?story_id=1800
Bill Bonner :Agora Inc,Baltimore has aided penny stock fraud
http://www.chapelhill.indymedia.org/news/2005/10/16736.php
Agora Inc.meets George Tenet in New Orleans,touts penny stock for CIA
http://chapelhill.indymedia.org/news/2005/10/16883.php
Agora Inc., Bill Bonner , Porter Stansberry , Jim Davidson and fraud
http://richmond.indymedia.org/newswire/display/11263/index.php
Charles Schwab and Share-Money Laundering
http://sfbay.indymedia.org/news/2005/06/1747107.php
Israel: Gal Lusky's 'IFA' Caught Up in Moshe Katsav,Mohamed Hadid, Zwebner 'UCSY' scam ?
http://hm.indymedia.org/newswire/display/11733/index.php#quickcomment
Clinton Under Secretary of Commerce Robert Shapiro,James Dale Davidson,attorney John M O'Quinn stock fraud
And note below how newsmax writers make Clinton appear to be buttering up to Davidson,a fellow Rhodes scholar, to try and get his 'economic secrets' which as anyone who has done any investigation of his many penny stock pump and dump scams knows is simple fraud,usually penny stock fraud. And penny stock shares are perhaps if not the most significant manner of laundering money,(they are a multi billion dollar anual 'business')they are certainly one of the easiest, particularly with Beltway connections and a complicit SEC and connections in the SEC and the Beltway. Also a google search of the co-author below,'Christopher Ruddy' and 'Clinton', will remind you it was he who was employed by Rupert Murdoch's New York Post and then by Richard Mellon Scaife and James Dale Davidson as their selected Clinton smear writer,particularly in their fraudulent political smear claim,'Clinton killed Vince Foster'.
Robert Shapiro,James Dale Davidson,attorney John O'Quinn stock fraud
By jesus naked shorts in dubai on 3/18/2006 11:34:55 PM
E-mail: endoscam@lycos.com
Robert Shapiro aids Utah Overstock.com Patrick Byrne,Senator Bob Bennett stock fraud
This is who former Clinton Under Secretary of Commerce Robert Shapiro works for as well as the unethical and fraudulent Houston attorneys John M.O'Quinn and Wes Christian.
Although the DTCC in their recent press release below makes a strong case that the SEC supports them against Robert Shapiro's fraudulent claims in favor of penny stock criminals running boiler rooms with unaudited and worthless U.S. penny stock shares and possible international money laundering operations with those shares and in claiming contrary to Shapiro and the criminal law firms he represents that 'naked short selling' is not a major problem or no problem at all to stocks and investing, and thus Patrick Byrne's and James Dale Davidson's et.al.'s NAANSS and NCANS and http://www.ncans.net and www.thesanitycheck.com are internet securities frauds - the 'unofficial' SEC appears to be a completely different story.
If a former SEC attorney,Brent Baker, is in bed with penny stock fraud operators and SEC connected Georgetown University 'business' professor James Angel commits both sercurities fraud and academic fraud in promoting the 'anti-naked short selling' fraud of Patrick Byrne's,James Dale Davidson's, et.al.'s NAANSS and NCANS onshore and offshore boiler room ops,cyber fraud,and probable money laundering with penny stock shares that the SEC and its Georgetown connected cyber zsar John Reed Stark and SRA International its internet and cyber securities contractor with supposed anti-mony laundering expertise,refuses to audit or prosecute and the SEC attorneys instead issue subpeonas to business journalists in an attempt to scare and gag them then the SEC itself must be infiltrated with the very stocks fraudsters and con artists it was created to combat.
DTCC Media Statement; Media Statement on Robert Shapiro's Report on Naked Short Sales
http://home.businesswire.com/portal/site/google/index.jsp?ndmViewId=news_view&newsId=20060316005515&newsLang=en
NEW YORK--(BUSINESS WIRE)--March 16, 2006--Robert Shapiro has admitted to DTCC he is a paid consultant for the John O'Quinn and Wes Christian legal firms, which have been suing DTCC with respect to naked short selling.
-- Robert Shapiro's report is replete with errors, baseless numbers (e.g., estimated fails), faulty analysis that we believe mischaracterizes and misinforms.
-- He ignores authoritative statements by SEC on these issues, which are readily available on the SEC Web site and reinforced in an amicus brief the SEC filed in support of DTCC in a recent legal proceeding. We believe he does this intentionally.
-- Mr. Shapiro continuously misstates our role in the industry. DTCC does not regulate the industry and is not an enforcement agency. We are highly regulated by the SEC.
Thus for example, Mr. Shapiro states, "At any time, the DTCC could fully clear and settle every extended naked short sale or failure to deliver by doing what it once did routinely in such cases: Buy the shares itself in the market ("buying in") and charge the account of the naked short seller's broker."
Mr. Shapiro is wrong; the SEC has stated publicly that we do not have such authority: "NSCC does not have the authority to execute buy-ins on behalf of its members. Moreover, forcing close-outs of all fails can increase risk in clearing and settlement as well as potentially interfering with the trading and pricing of securities."
-- His use of the terms "fails to deliver" and "naked short selling" interchangeably throughout this report is intended to confuse reality and we believe he does this deliberately.
The SEC has stated, "There are many reasons why NSCC members (a subsidiary of DTCC) do not or cannot deliver securities to NSCC on the settlement date. Many times the member will experience a problem that is either unanticipated or is out of its control, such as (1) delays in customer delivery of shares to the broker dealer; (2) an inability to borrow shares in time for settlement; (3) delays in obtaining transfer of title; (4) an inability to obtain transfer of title; and (5) deliberate failure to produce stock at settlement which may result in a broker dealer not receiving shares it had purchased to fulfill its deliver obligations."
-- In truth, failed transactions (whatever the reasons) represent less than one-tenth of one percent of the more than 26 million average daily transactions handled by DTCC.
-- Mr. Shapiro asserts that Reg SHO has not reduced the total number of outstanding fails. However, in his own report, his numbers demonstrate a 10% reduction in aggregate fails (nearly 58 million shares) and a 32% reduction in companies on the threshold list - and this was within the first three months under Reg SHO (see table 1, pg 5).
-- Mr. Shapiro is absolutely wrong in saying DTCC "tracks the precise number of fails for every stock, including all threshold companies, yet refuses to release those data to anyone, even affected firms."
DTCC provides data on the volume of fails daily to the regulatory bodies responsible for policing and enforcing broker conduct, including the marketplaces (NYSE, NASD, etc.) and the SEC. In addition, this data is used by these regulatory bodies for reporting on and the policing of Reg SHO compliance.
DTCC's subsidiaries do not disclose confidential information to the marketplace, including data on fails, since it could potentially be used in market manipulation.
And while we have data on the volume of fails, we have no information on the underlying causes of those fails. As noted above, there are many causes of fails.
......................................................................................
Former Utah SEC attorney Brent Baker who covered up for James Dale Davidson and Porter Stansberry in their Agora Inc. connected NAANSS or supposed 'anti-naked short selling'fraud that was used to draw attention from their illegal pump and dump frauds and possible money laundering with their worthless Endovasc and Genemax,etc., penny stock shares is part of the fraud as well that extends around the world including to terrorist money laundering havens of Kuala Lumpur and Dubai.
Mr.Brent Baker even contacted me by email in 2004 in his capacity as an SEC attorney prosecuting James Dale Davidson, Porter Stansberry ,and Agora Inc. when my queries to the Dallas-Fort Worth office of the SEC about a letter that appeared on the internet and ragingbull's Endovasc tout site or 'message board' from Endovasc's David P Summers that refered to Bellador Group of Kuala Lumpur as 'Baladore' from 'Arizona' threatened to expose the fraud.I didn't realise at the time he was part of the fraud but it is obvious now in retrospect as he and Utah SEC let Davidson and Stansberry walk scott free and didn't even charge them with using the 'naked short selling' claim for fraud to mask their illegal pump and dump activity including through a Charles Schwab account and LOM of Bermuda.Mr.Davidson and his co-author of various scammy books such as,'The Sovereign Individual',Lord William Rees-Mogg had already previously recommended LOM to investor-readers without disclosing his investment position in LOM.
I place that letter from David P Summers who made fraudulent claims to being a doctor with many medical patents to his name here for the record.The name of Bellador Group was changed to 'Baladore' ,even the date of the original securities act is changed.The Dallas Fort Worth office has the original unless they themselves destroyed the records to aid the fraud they seem to want covered up.The 'Arizona' connection is that of the fraudulent and traitorous attorney Ron Logan of Phoenix,Arizona's Geotas&Logan law firm.I say traitorous because anyone whether they be a government employee or a private sector attorney in this post 9/11 era who aids fraud and probable money laundering anywhere much less in Kuala Lumpur and Dubai in this post 9/11 era is an enemy of and to America and Americans. Anyone.
Both Tom Baudhuin and Barbara Ray are or were very real Dallas-Fort Worth SEC employees or attorneys. It was only through my enquiries on the internet and exposing myself and my real name and email that I was able to learn that Baladore in the internet version of David P Summers letter to them was really Bellador Group and far from being an Arizona based penny stock scam they were based in both Kuala Lumpur and Dubai !
An email from Barbara Ray at the time claimed the the SEC WOULD CERTAINLY NOT MAKE IT EASY FOR ME A DEFRAUDED INVESTOR OF ENDOVASC AND THAT I WHO AM NOT A LAWYER WOULD HAVE TO WRITE A LEGAL PLEA UNDER FOIA TO RECEIVE THAT LETTER IF THE ORIGINAL EXISTED AND HOPE THE SEC WAS IN THE MOOD TO DISCLOSE.
Only Bellador Group's fraudulent and criminal attorney Ron Logan who also lyed about Endovasc shares being 'naked shorted ' to David Marchant and other message board posters on Marchant's www.offshorebusiness.com was located in Arizona no doubt protected by the SEC and U.S. governemt that wishes to protect money laundering and boiler room activities with U.S. penny stock shares in Kuala Lumpur and UAE's Dubai for some reason.Why ?!
Re: ENDOVASC, the plot continues @ http://www.ragingbull.lycos.com/mboard/boards.cgi?board=EVSC
by eight675309@[EMAIL PROTECTED] (8675309) Dec 17, 2003 at 04:20 PM
@[EMAIL PROTECTED]
FROM RAGINGBULL MESSAGE BOARDS
CHECK IT OUT FOR YOURSELF
http://www.ragingbull.lycos.com/mboard/boards.cgi?board=EVSC
Mr. Tom Baudhuin
U.S. Securities Exchange Commission
Enforcement Division
Ft. Worth, Texas
Dear Mr. Baudhuin:
This letter is further to my today's telecom and substantiating a earlier telephone voice mail
made to Barbara Ray of the Enforcement Division on or about December 8, 2003 when I called to notify the Commission that I had expressed concerns as the Chief Executive Officer of
Endovasc Inc., (OTC BB ENSV) over potential violations of the 1932 Act, and particularly the Sorbannes/Oxly Act within my Company. I have been particularly disturbed over an Agreement between Endovasc, Inc. and The Baladore Group of Phoenix, Arizona which was acting as a Broker/Dealer in our securities to foreign nationals and/or exempt U.S. citizens. Of particular concern was the deal itself which carried a 50% discount to the Company but according to my Board of Directors was the "best we could do under the circumstances." The major concern was a continued drop in our stock price although I was assured that stock sold under Regulation S was restricted for one year, and the price drop was not the result of shares coming back in to the Country in circumvention of the Regulation. I instructed CFO and his assistant to request a
random sampling of the subscribers to ascertain and validate some degree of verification, no action was taken was taken that I could physically verify. I instructed my CFO and his coordinator to terminate the deal during a telephone conversation I made from Rome while presenting at a medical conference on or about November 26, 2002. I followed up with a
face-to-face meeting the next week in my office upon returning from Europe. I was assured that no more shares would be sold. One week later I was presented with a sign-off form from Baladore that represented that more shares had been sold and in order to be reimbursed by Baladore, I was put into a compromise with my instructions. I signed for reimbursement for the additional shares that represented about 200,000 shares, then terminated the CFO's coordinator, who was handling the logistics for the current CFO.
I called a meeting of the Board of Directors during the same week and asked for the resignation of the CFO. It had been disclosed that not only was the CFO paying himself cash and shares through his own private company which had been represented as a public accounting firm in the past, but was actually a family property trust administered by Mr. Cantrell for and on behalf of numerous family members. During the meeting, I teleconferenced the opinion of our securities counsel, Mr. Larry Wilson, Esq who confirmed to Mr. Cantrell that his actions and inability to perform as CFO had put the Company, its directors and Shareholders in grave risk. Upon hearing advise from Mr. Wilson, Mr. Cantrell told the Board,..."if my actions have put the Board and the Company into risk, then I WILL resign." He then asked for the weekend to consider his options. In order to accommodate this request the meeting was recessed until Tuesday, December 16,2003.
On Tuesday, Mr. Cantrell and Ms. Dottavio presented themselves to the meeting. They were accompanied by Judge Ken Reilly and one of his police officers, (Officer Whitehead?). Mr. Cantrell asked the chair if he could have the floor stating that he not only would he not resign but made a motion to remove me from the Chair and my position as CEO.Obviously a takeover
plan was in effect and Ms. Dottavio had prepared herself to cooperate with Mr. Cantrell's wish.
Judge Reilly then ordered me to hand over my keys, electronic pass card, and to empty my brief case in the presence of Ms. Dottavio and the Officer. I asked to return to my office in order to get advice of counsel, Mr. Wilson, who advised me to cooperate with the Officer. Not wishing to disturb the peace with an objection to this illegal act, as well subject myself to further abuse and humiliation I complied and
both the Judge and the Officer escorted me from the building.
To summarize, not only was this entire affair a blatant attempt to distract me from my mission to served the Shareholders best interest, but was a conspiracy of deceit perpetrated with an act of judicial oppression, upon the Shareholders by an incompetent CFO and Director with direct conflict of interest in holding both positions. My services to the company are indispensable at this moment in time, and my absence from the Board and Chief Executive decision making puts the Company and its shareholders at risk and irreparable harm. My sole mission as founder, CEO, Chairman and major stockholder in this company is to put in place corporate governance that is congruent with the Sorbannes/Oxly Act, SEC, the laws of the State of Nevada and the Charter and Bylaws of the Company in order to continue toward the goal of returning maximum investment to my shareholders share value. This mission is being obstructed by two Directors who have either obstructed these attempts or are incapable of performing the duties required by the above.
I have advised my Auditors and my SEC counsel of my investigation. I have recited by assessment of potential violations of the Act and requested an exceptional audit on share sales. Whether or not this will take place is now in the hands of the new CEO, Ms Diane Dottavio and the CFO, Mr. Dwight Cantrell.
Very sincerely yours.
ENDOVASC, INC.
Dr. David P. Summers,
.................................................
I am further greatly saddened at Kenneth Israel who has headed the Securities Exchange Commission's Salt Lake District Office for many years now.I surely expected more from him than allowing one of his subordinates to not only work at covering up fraud for James Dale Davidson,Porter Stansberry,Agora Inc. and thus William Bonner,et.al.,but also allowing him (Brent Baker)to self deal and be rewarded in the private sector for aiding fraud as a Utah SEC attorney. His employment with Overstock.com's Patrick Byrne who contiues the Davidson NAANSS fraud under a new acronym,NCANS,is all too transparent.
Salt Lake District Office
Kenneth D. Israel, Jr., District Administrator
15 W. South Temple Street
Suite 1800
Salt Lake City, UT 84101
(801) 524-5796
e-mail: saltlake@sec.gov
Below is the Endovasc Scam Warning that appeared as a disclaimer on the Bellador Group international boiler room website in early 2004.As I have said before on other indymedia posts,for there to be two different Mr.Taylors each having a boiler room operation committing fraud around the world and in Kuala Lumpur and Dubai in particular is indeed against a lot of odds.And the fraud discussed involves not only the known penny stock criminal enterprise operated out of Montgomery, Texas but also a scam involving Applied Micro Devices that even gets U.S. government contracts and involves a California bank as well,Union Bank of California,and internet fraud around the world and if the SEC or John Reed Stark and his internet cyber fraud division couldn't even make a phone call at least to Mr.Taylor's Arizona attorney Ron Logan and the Union Bank of California to get answers for defrauded investors what the hell is John Reed Stark doing teaching at Georgetown and pretending either ethical or legal or moral authority in his position as an SEC official ? He and the SEC ARE AS BAD OR WORSE THAN THE INTERNATIONAL CRIMINALS HE AND THEY ALLOW TO OPERATE WITH IMPUNITY AND OPERATE BOILER ROOMS AND MONEY LAUNDERING OPERATIONS WITH U.S. PENNY STOCKS.
From http://www.belladorgroup.com 's,(of Kuala Lumpur,Dubai,etc.), website:
Endovasc Scam Warning
Dated: Friday, 9 January, 2004
Dear Client
We have been advised that one of our long-standing Clients has been contacted by a company called Bellador Institutional Services, offering to purchase Endovasc shares in exchange for shares of Advanced Micro Devices. "Bellador Institutional Services" has no connection with our company, and is being operated as a fraudulent scheme to lure unsuspecting investors into wiring money to an account that has no connection with Bellador Advisory Services (Labuan) Ltd, or Endovasc Inc.
The client received a recommendation that he should exchange stock that he owns in Endovasc, Inc. for stock in Advanced Micro Devices, a company that has a very strong recent trading history. The request included a false claim that this company had inside information about bad news that would soon be released about Endovasc which would allegedly cause the trading price to fall. The client was offered the opportunity to exchange shares of Advanced Micro Devices for Endovasc shares before the release of the alleged bad news, but was told that he would have to wire almost $7,000.00 U.S. to Union Bank of California that would be forward to an account at FBME Limited in Nicosia, Cyprus to complete the transaction.
This is a completely fraudulent scheme by a company that is not connected with the real Bellador Advisory Services (Labuan) Limited. We would never give this type of advice regarding the purchase or sale of securities. It would be a violation of the securities laws of the United States for us to provide information to you from insiders at Endovasc that is not generally available to the investing public and for you to purchase or sell stock based upon that inside information that, when released to the public, might affect the trading price.
This fraudulent company called Bellador Institutional Services has no connection with Bellador Advisory Services (Labuan) Limited. The Peter Taylor who is referenced in the communications from Bellador Institutional Services is not the Peter Taylor who is a director of Bellador Advisory Services (Labuan) Ltd. The money that you may be requested to wire will almost certainly wind up in the hands of criminals in Cyprus rather than being used to pay for shares of stock in a public company called Advanced Micro Devices.
All communications with you by representatives of Bellador Advisory Services (Labuan) Ltd will be from persons at our office who are known to you. All real transactions will be confirmed by the usual Transaction Confirmation letter with instructions for funds to be sent only to trust accounts of Logan & Geotas, PLC., our law firm in Phoenix, Arizona, USA. You will not receive wire transfer instructions that show a bank outside of the United States as a final destination. Cyprus has joined Nigeria and several former Soviet republics as centers of Internet fraud and the recent schemes seem to be targeting sophisticated, high networth investors.
Our Internet technology consultants confirm that we have a secure firewall on our servers and that the confidential information about addresses of our clients who previously purchased Endovasc stock has not been compromised. The matter has been reported to the two banks which were listed on the fraudulent wire transfer instructions.
We have notified Endovasc, Inc. of the attempted fraud. We have requested (and Endovasc has agreed) that all future communications of shareholder addresses between Endovasc and its stock transfer agent be sent by facsimile transmission rather than by e-mail to reduce the chance that confidential information about client addresses could be obtained by the interception of e-mail messages.
Please advise us if you have any concerns or issues with the above information, because we are treating this as a very serious matter and we are also advising our Regulatory Authority LOFSA (Labuan Offshore Financial Services Authority) in respect of this matter.
Bellador Advisory Services (Labuan) Ltd
Client Services Dept
..........................................................
Former Clinton Undersecretary of Commerce Robert Shapiro aids James Dale Davidson's ,Attorney John O'Quinn's stock fraud money laundering fraud and cover up :
''Let's see how you do with the former Clinton Undersecretary of Commerce - this I can't wait to see.''
-
Quote above is from Bob O'Brien who is either James Dale Davidson or someone working with or for him on Jeff Matthews blog of April 2005 a couple of months after a fraudulent letter addressed to W Bush and costing over $100,000 to place in the Washington Post appeared on February 8,2005 that was paid for by a mysterious new penny stock fraud group called NCANS or National Coalition Against Naked Short Selling,very similar to Mr.Davidson's NAANSS or National Association Against Naked Short Selling that appeared in 2002 and disappeared from internet by early 2004 .
http://jeffmatthewsisnotmakingthisup.blogspot.com/2005/04/mystery-of-38-diamonds-part-iii.html
It is also very similar to National Taxpayers Union acronym of Steve Forbes,Richard Mellon Scaife and James Dale Davidson, et.al.,as well,proving the first and last refuge of criminals and scroundrels is phony patriotism.And the U.S. governent aids and abets these frauds allowing them internet anonymity to promote their massive stock frauds while spying on less right wing and Beltway connected individuals.
As I have mentioned in previous indymedia articles and WSJ or Wall Street Journal reporter Carol Remond has documented Utah's Partick Byrne has helped fund this major penny stock fraud and its ncans.net and http://www.thesanitycheck.com websites.A nunmber of penny stock promoters are involved and Patrick Byrne lied about the Washington Post ad being paid by 'mom and pop' investors who lost their stock investment through 'naked shorting'.Utah's Senator Bob Bennett has also aided the fraud and used his position in the Senate to help insure the SEC remains corrupt.
In truth 'naked shorting' ,if it were a widespread problem,which it isn't,would be the result of brokers or 'market makers' who buy and sell stocks for retail purchasers creating non-existent shares like counterfeitting currency to dump into the market or 'float' that would cause a decrease in share value like inflation does currency.Consider no Blue Chip stock or company makes this claim only penny stocks and stocks of corrupt companies such as Patrick Byrne's Overstock.com.Taser,and a number of such unprofitable penny stock near do wells that are often eventually caught by the SEC for manipulating their own shares or orchestrating massive insider pump and dump activities.
You may google search 'senator bennett ryals' to find my take on that.Also a Mary Helburn,a very strange woman indeed who posts on Yahoo's NFI message board and on 'Bob O'Brien's
'thesanitycheck.com',claims to be president of NCANS and 'Bob O'Brien' lying claims he can't identify himself for fear 'hedge fund' managers will kill him.This is major fraud folks brought to you in great part by SEC Chairman and 'WMD' hallucinating Christopher Cox who now sees a 'commie' behind every investigative journalist and SEC internet zsar and Chief of the Office of Internet Enforcement (OIE) in the Division of Enforcement of the US Securities and Exchange Commission,John Reed Stark ,who don't appear to notice much of anything.Do a google search 'mary helburn'.
And although his(Bob O'Brien') and NCANS ONLY given address is the Cheetah Club,a striptease joint in Las Vegas investigated earlier and whose management was convicted under the Patriot Act , John Reed Stark's Georgetown University colleague and 'naked shorting expert' James J. Angel of the McDonough School of Business (hee hee) actually does fraudulent infomercials for them to be broadcast on the world wide internet John Reed Stark is supposed to be patroling !!
Obviously you or I could not anonymously place an ad-letter to W Bush in this post 9/11 era without a major investigation to determine if we meant him harm or were 'terrorists'.But this anonymous Beltway connected group can and did and although they have threatened others over the internet, Mr.Marc Cohodes of Marin,myself and others,the FBI nor the NSA nor the CIA ,(who shouldn't operate within U.S. in my opinion but now do),nor the DOJ nor the SEC does or says anyting and Yahoo, who turns in Chinese reporters etc., and ragingbull.com, appears to protect and host their penny stock fraud operations on what should be illegal pump and dump message boards.
The SEC's John Reed Stark appears not to notice as he has done since he was appointed to the SEC'S INTERNET SECURITIES FRAUD OR CYBER FRAUD DIVISION IN THE 1990'S,. but it is transparent he is using his position as the Securities Exchange Commission's internet and cyber fraud 'zsar' to provide protection both to them and his Georgetown colleague James J.Angel who either works for NCANS or perhaps those at NASDAQ who have also employed him feel it is in their interest to promote stock fraud as well.
If I speak so frankly and bluntly and cynically and matter of factly it is from experience,documentable experience.I have the 'share holder agreement' of May 2002 from Endovasc
'management',Dwight Cantrell,'Dr.' David Summers and James Dale Davidson and Montgomery,Texas' Judge Ken Reilly,et.al.,to place 'up to 30 million' Endovasc shares' !!into ONE Charles Schwab account at a time they were doing a '40 for 1' 'reverse split' that should have left less than 3 million shares existing .You may do a Google search 'schwab share money laundering' or go to the indybay link on the same subject at bottom of this post to find a link to the pdf file of the Schwab,Endovasc shareholder agreement.I had to create my own term 'share-money laundering' to describe what the SEC and Charles Schwab and Endovasc and attorney John O'Quinn,and James Dale Davidson were covering up under the fraudulent claim of 'naked shorting'.
Instead they worked with a fraudulent ex SEC lawyer and
'transfer agent' Alexander H.Walker and his Nevada Agency and Trust Company that convicted short seller Anthony Elgindy warned about through information probably gleaned from FBI agent informants he had on his pay roll as a major fraud and con artist,to cover up their massive dumping of shares for one year so no SEC filings were even required as the fraud and dumping of shares continued and no money accrued in Endovasc's company account as all was stolen by the criminals running the fraudulent scheme.And you know what ?
They are all still in 'business' protected by our wonderful SEC that aids money laundering with unaudited shares and allows corrupt billionaire attorney John O'Quinn,Bud Burrell who uses even fraudulent 'Christian' penny stock websites to lure victims,and ex Under Secretary of Commerce Robert Shapiro to commit fraud and perjury day in and day out to aid Patrick Byrne's,James Dale Davidson's et.al.'s criminal enterprises with Beltway connections to launder money in Dubai,etc. ! I couldn't make this crap up anymore than I could lie about
'WMDS' in Iraq,etc..
Also hype or fraudulent promotions were made both in Businesswire press releases as well as in James Dale Davidson's Agora Inc. 'Vantage Point' at the end of 2002 for the express purpose of generating 'pump and dump' scheme to defraud investors and perhaps even a money laundering charge could be made if the SEC weren't corrupt and threatening reporters and covering up for Beltway scum ! Also for offshore boiler room activity that may be supporting the terrorism they have warned us about !!
And this in turn is who former Clinton Under Sectretary of Commerce works for as well as the unethical and fraudulent Houston attorneys John M.O'Quinn and Wes Christian.And although the DTCC makes a strong case that the SEC supports them in claiming that 'naked short selling' is not a major problem or no problem at all to stocks and investing and thus NCANS and http://www.ncans.net is a fraud - the 'unofficial' SEC appears to be completely different story.
After all why did the SEC subpeona WSJ or Wall Street Journal business reporters Carol Remond and Herb Greenburg if not to intimidate them for coincidentally investigating NCANS and or individuals such as Patrick Byrne who were connected in some way to what appears to be a Beltway fraud to launder money through U.S. penny stocks etc.,including in and through Dubai and the UAE where the Bush administration fraudulently tells us no money laundering occurs anymore.
Below is from James Dale Davidson's own far right wing internet 'news' site called http://www.newsmax.com . While I highly don't recommend it and would use it as an example of using the media or internet for what I call ' cultural malnutrition' or disinformation,which is Mr. Davidson's specialty aside from stock fraud and I believe money laundering through stock manipulation,it is most telling for its hinting at Mr.James Dale Davidson's true role and power behind the scenes in the Beltway and why he seems to get by almost with murder there.
Note,while Davidson is full of himself and a liar and major U.S. penny stock fraud,one can at times read between the lines of his dishonesty and his 'newsmax' with his selected writers writing copy of which he approves sometimes spill the beans without themselves realising it.Such is the case with Ruddy and Ryan below showing Davidson's disdain and delusions of superiority to his foe Bill Clinton in the this article from 2000.It must be remembered he claims to have been a supporter during Clinton's first election even though the writing below indicates he had very close ties to Papa Doc or 'Poppy' Bush in the 1980's.
And note below how newsmax writers make Clinton appear to be buttering up to James Dale Davidson,a fellow Oxford student Rhodes scholar, to try and get his 'economic secrets' which as anyone who has done any investigation of his many penny stock pump and dump scams knows is simple fraud,usually penny stock fraud. And penny stock shares are perhaps if not the most significant manner of laundering money,(they are a multi billion dollar anual 'business')they are certainly one of the easiest, particularly with Beltway connections and a complicit SEC and connections in the SEC and the Beltway. Also a google search of the co-author below,'Christopher Ruddy' and 'Clinton', will remind you it was he who was employed by Rupert Murdoch's New York Post and then by Richard Mellon Scaife and James Dale Davidson as their selected Clinton smear writer,particularly in their fraudulent political smear claim,'Clinton killed Vince Foster'. :
Economist: Inflation Rate Is Double Official Number
Christopher Ruddy and Ryan Troup
March 14, 2000
Jan. 20, 1993, and Bill Clinton was not president 24 hours when he saw James Dale Davidson at one of several Washington Inaugural Balls.
Clinton quickly waved past the salutations and congratulations. "Jim," he said, "You may able to help me."
Davidson, a Clinton campaign donor, a financial writer, then head of the National Taxpayers Union and someone who had known Clinton for years from annual retreats at the Hilton Head Renaissance weekends, nodded with agreement.
"I think the Bush people were cooking the economic numbers in the months before the election," Clinton said, continuing, "Do you think you could put together a report for me on how they did it?"
Davidson agreed but the thought went racing through his mind, "This man’s not president for one day and he’s already trying to figure out how to fix the books."
Since his inauguration Clinton has survived an avalanche of scandals that would have crushed any other mortal.
One factor cited by both Clinton critics and friends has been the booming U.S. economy and the longest bull market in the history of the world.
"It’s the economy, stupid!" was the Carville-inspired slogan of the Clinton-Gore ’92 campaign. The slogan has become the White House mantra for two terms.
http://www.newsmax.com/articles/?a=2000/3/21/85124
So it is obvious from Davidson's own self glorifying
'newsmax' that Mr.Davidson's claim to fame in the Beltway is 'cooking the books' apparently for 'Poppy' Bush during his and Reagan's terms in office and if you know the history of that period of Iran-Contra and drugs for guns into Mena, Arkansas and elsewhere you would know Davidson's self admitted and fraudulent 'talents' were well received.
Coincidentally Mr.Davidson's and Bill Bonner's Agora Inc. of Baltimore with fraudulent websites coming and going all over the internet,began in 1979 before the internet and the invention of his more recent fraudulent new claim of shares being 'electronically counterfeitted' but just in time for a great need to 'cook the books' in the Reagan-Bush era that funded much of its illicit war efforts in Nicaragua,Central America and elsewhere with illicit or non Congressional budget and ' off the record ' income.Remember the Congress was controlled by the Democrats who did not approve or allocate funds for the Reagan-Bush war in Central America,etc..Also their was the Iraq-Iran war that was so good for the Beltway's 'masters of war' as Bob Dylan might call them with the Pakistani BCCI scandal and loot to be stolen,etc..
Below is the beginning of former Clinton under Secretary of Commerce Robert Shapiro's letter to the DTCC acknowledging,
'I currently provide economic analysis to the law firms of O’Quinn, Laminack and Pirtle, Christian, Smith and Jewell...',
the very attorneys and law firms who have been aiding fraudulent penny stock scams since at least 2002 for James Dale Davidson and his fellow penny stock scam artists and money launderers to make fraudulent claims of having their shares 'naked shorted' when in truth these very 'companies' are orcheatrating 'reverse splits' to artificially increase their price per share and their ability to manipulate their own 'companies' worthless stock and then promoting their company through false advertising,another James Dale Davidson and Agora Inc. specialty,then dumping or selling millions of these worthless shares around the world including or perhaps especially in terrorist money laundering suspect countries such as Kuala Lumpur and Dubai and Bush still swears this does not occur just as he swore there were WMDS' in Iraq ! !
And if you can't or in the SEC's case won't audit shares you can't audit money flows so money is also being laundered in Kuala Lumpur,Europe,UAE,ETC. WITH U.S.. PENNY STOCK SHARES.THIS IN MANY CASES MAY BE A MORE IMPORTANT USE OF THOSE SHARES TO THOSE WHO CONTROL THEM THAN ILLEGAL PUMP AND DUMP FRAUD.
Yet all one has to do is go to the Bellador Group website, http://www.belladorgroup.com or do a google search to see U.S. penny stocks touted there. Endovasc of Montgomey,Texas is still promoted on their home page even though Mr.Taylor et.al. dumped uncounted and un-SEC audited shares in mass in 2003 and yet the SEC and its Chairman Cox threatens journalists for their investigations and the SEC's John Reed Stark has made it his duty to protect this fraudulent operation including their fraudulent websites directed at and for the purpose of defrauding Americans so certain partially hidden people benefit including far right Americans and others offshore including in Dubai where we are told no money laundering occurs ! !
------
April 13, 2005
Jill M. Considine
Chairman and Chief Executive Officer
The Depository Trust & Clearing Corporation
55 Water Street
New York, New York 10041-0099
cc: Stuart Z. Goldstein, Managing Director, Corporate Communications
Larry Thompson, Managing Director and Deputy General Counsel
Dear Ms. Considine:
I am Robert J. Shapiro, chairman of Sonecon LLC, a private economic advisory firm in Washington, D.C. I served as U.S. Under Secretary of Commerce for Economic Affairs from 1998 to 2001, Vice President and co-founder of the Progressive Policy Institute from 1989 to 1998, and principal economic advisor to Governor William J. Clinton in the 1991-1992 presidential campaign. I hold a Ph.D. from Harvard University and have been a Fellow of the National Bureau of Economic Research, Harvard University, and the Brookings Institution. I currently provide economic analysis to the law firms of O’Quinn, Laminack and Pirtle, Christian, Smith and Jewell, and Heard, Robins, Cloud, Lubel and Greenwood, on issues associated with naked short sales, including matters raised in an interview published by @DTCC with DTCC deputy general counsel Larry Thompson. Certain comments by Mr. Thompson in that interview were inaccurate or misleading, and I request that you allow me to correct the record by publishing this response.
The DTCC Lashes Out Ineffectively, and Dishonestly, At Its Critics - Today It's Robert Shapiro
http://www.thesanitycheck.com/BobsSanityCheckBlog/tabid/56/EntryID/163/Default.aspx
Below is a portion of the DTCC's most recent counterpoint to the penny stock scam artist Robert Shapiro :
Below is a copy of the anonymous Letter to W.Bush,et.al.,as it appeared on February 8 in the Washington Post.
It was found on www.ahandup.us google search and
the original website may or may not still exist.I know that site seemed mainly about erroneously claiming the Canadian-Nevada penny stock CMKM Diamionds was a victim of'naked short selling' rather than the trillion share pump and dump it was and is.
Kevin West's intro to the Washington Post letter to W.Bush et.al. of February 8 also says Bob O'Brien has a grievance with Rocker Partners,perhaps predating Overstock.com's Parick Byrne's perceived grievance.
This distinction is important to note because since the news.com aricle I am responding to was written, Rockers Partners has vowed to counter sue and names the anonymous Bob O'Brien of NCANS as a co-defendent.
What does this $100,000+ letter-ad to W.Bush in the Washington Post on February 8 have to do with the Rocker-Overstock dispute ?
A lot,because this was the firing of the first official volley by Patrick Byrne in his war against Rocker Partners,yet ironically it is is decrying 'naked short selling' as a danger to SS investing in markets,a claim made so far in mass only by about 100 very questionablre,perhaps criminal penny stock companies whose managements all have in commom hiding their float from investors,staing untold illegal pump and dump scams and possibly even money laundering !!!
I have already given my reasoning all over the internet as to why I believe Bob O'Brien is in fact James Dale Davidson of the National Taxpayers Union, newsmx.com,and the now disappeared NAANSS or National Association Against Naked Short Selling website.Mr.Davidson as well as Texas attorney John O'Quinn and for that matter used the erroneous claim that Endovasc of Montgomery,Texas a was 'naked shorted' by Charles Schwab,Refco,and Ameritrade.
James Dale Davidson and gang housed Genemax and the NAANSS organization in the same Blaine, Washington office !!! There is every reason to believe Genemax nor Endovasc were'naked shorted'
at all but were really illegal pump and dump ops
and in fact there is proof 'up to 30 million share' of Endovasc' was deposited into one Charles Schwab account !!!
Those interested in more detail may do a 'schwab lom endovasc davidson clinton' google search.For those interested in attorney Texas attorney O'Quinn and his part in the naked short claims of fraudulent penny stock Endovasc do a google of 'attorney o'quinn money laundering'.
Tony Ryals
Below letter to Washington Post by NCANS as well as a comment from Patrick Byrne's own website where he acknowledges his involvement with ncans
and the Washington Post letter.
Sample Letter
Hello, my name is Kevin West from Universal City, Texas.
The article attached below was posted in the Washington Post over a week ago and was addressed to the President of the United States, George Bush. This article was run as a very large article and ran in prominent places in the Washington Post on February 8th and 10th. Why is the media afraid to do an article of their own concerning this issue?
I don’t understand why, in the midst of National Security issues, Social Security issues and all of the Economic issues that this great country of ours faces today…. Why would a paper, with the national and international attention your paper receives, why would you not cover this story? As American citizens we DEMAND that our media bring these issues to the American Public. Are we not worthy of getting the news that government officials and Wall Street insiders know and have known for a long time?
You have to see this as one of the absolute BIGGEST NEWS STORIES to hit our country in recent times, and yet you do not care to publish it? If you cannot see the bigger picture of helping to get America’s markets cleaned up to help stabilize our economy, at least look at all the extra papers you will sell and the national and international exposure your paper will get from publishing this story! What happened to PATRIOTISM that the “FREEDOM OF THE PRESS” allows you to have? We fight for the media’s rights everyday in this country. Now take the time to fight for your country!
All of America is counting on you, stand up to the plate!
Respectfully,
Kevin M. West
An Open Letter on
The Abuse of Naked Shorting
February 8, 2005
George W. Bush, President of the United States
William H. Donaldson, Chairman of the Securities and Exchange Commission
Chuck Hagel, Chairman of the Senate Subcommittee on Securities and Investment
Richard Baker, Chairman of the House Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises.
Dear Mr. President and Honorable Chairmen,
As Congress considers incorporating private investment accounts into Social Security, it is essential that equity markets be fair, transparent, and not subject to flagrant abuse.
Unfortunately, illegal naked short selling is rampant in the markets today. It has been permitted to flourish unchecked, doing serious damage to the market value of many sound businesses, and is literally stealing money from the widows, retirees, and other small investors who purchased stock in these companies.
Naked short selling has been illegal since 1933, when the SEC was established. It was banned because naked shorting resulted in significant abuses that contributed to the crash of ’29.
That the problem still exists today is undeniable. The SEC recently enacted Regulation SHO (for SHORT selling). The Regulation creates a list of companies whose stock has been sold but not delivered in significant amounts. "Naked" short shares have, in effect, been counterfeited. They are as different from normal short shares as fake money is from real money. The ability to print counterfeit shares at will allows a hedge fund to destroy a company’s value over time by creating an artificial (and fraudulent) supply of stock. If this were cash, computers, or jewelry, the perpetrators would be behind bars. Yet apparently the rules are different for Wall Street—the SEC, the NYSE, and the NASDAQ exact no meaningful penalties, thereby allowing the practice to continue.
Though the recently instituted Regulation SHO Threshold list informs investors on a day to day basis which stocks are experiencing "failures to deliver" (i.e., naked shorting), it does not disclose the size of the failures—the public has no way of knowing whether they are in the thousands or millions of shares. The DTCC (Depository Trust Clearing Corporation), the NYSE, and the NASDAQ, who compile the data and publish the list, won’t tell anyone how big the problem is. Yet there is no rule or regulation that prevents them from making that disclosure.
Shareholders deserve to know how many fraudulent shares exist for every security on the Regulation SHO list. By withholding the one piece of information that could level the playing field between the public and naked short sellers, the regulators are hurting the public by protecting the violators.
To make matters worse, the regulators charged with protecting the public are not only failing to enforce the rules on the books, they have decided to "grandfather" the "fail to deliver" violations that existed before January 7, 2005. This is like letting bank robbers keep the proceeds from their past robberies, while warning them that there will be toothless penalties if they rob the same bank again. To repeat—naked shorting has been illegal for 70 years.
The chief violators are unprincipled hedge fund operators who take advantage of the absence of meaningful penalties to target smaller companies. The brokerage community and the DTCC are complicit, as brokers receive a commission for every naked share traded and the DTCC receives a fee for every phantom share borrowed. The losers in the equation are the shareholders and the companies, who are defenseless against this systemic gritt.
Why is this lawless predation on the investing public not only condoned, but also rewarded by excusing all pre-January 2005 violations? Who benefits other than the violators? Who is being shielded? Where is the consideration for the millions of unsuspecting investors seeking to supplement their retirement income—people who innocently rely on a "level playing field?" Where is a Congressional Oversight Committee? Where is the media?
Most importantly: how can private accounts be made part of the Social Security system when such flagrant abuse and manipulation of the equity markets goes on?
What must be done:
We have no quarrel with legitimate short selling, which can serve a valid and useful function in the markets. But as a group of shareholders who own some of the stocks on the Regulation SHO Threshold list, we call on the SEC and our elected officials to put a full stop to the illegal, abusive practice of naked short selling. The following four actions are essential at a minimum:
1) Enforce the existing rules. No exceptions. No looking the other way. The rules were written to protect the public by preventing naked shorting. Enforce the rules with meaningful penalties and prosecutions.
2) The DTCC and the Exchanges must disclose the number of shares that have not been delivered each and every day, for each company on the Threshold list.
3) Eliminate the grandfathering of existing undelivered stock sales. Enforce the buy-in provisions on ALL naked short positions, not just the latest violations.
4) Demand accountability for how this breach of the public trust occurred, and fix the problem rather than covering it up.
There is no excuse for allowing a group of predators to fleece the public and victimize sound companies for their own profit. This is one of the rare problems that can be solved quickly, easily, and at no cost—except to those who have abused the rules. The SEC has to stand up to the community it is supposed to be regulating, enforce the law, and eliminate the grandfathering of violations that occurred prior to an arbitrary date in January.
Until the illegal abuses in the markets are corrected, private investments in Social Security cannot be considered secure.
Sincerely,
NCANS — The National Coalition Against Naked Shorting © 2005
www.NCANS.net
A WORD FROM PATRICK BYRNE :
Update
Posted Feb 16, 2005, 12:13 PM
Obrien posted my long strand from last night all in one (logically sequenced) order over on www.ncans.net .
I recommend you read there, along with the following:
1) The ad we took out in the Washington Post:
http://www.ncans.net/files/NCANS%20WPost%20Ad.pdf
2) My letter concerning Carol's article:
http://www.ncans.net/byrneinterview.htm
And Obrien's deconstruction of Herb Greenberg:
http://www.nfi-info.net/herbfeb10.htm
Patrick
Below are fraudulent Businesswire press releases put out by attorney John O'Quinn,Dwight Cantrell, David P Summers,Judge Ken Reilly(who lied in SEC FILINGS OR ALLOWED DWIGHT CANTRELL TO DO SO USING HIS NAME AS HEAD OF ENDOVASC'S COMPENSATION COMMITTEE,AND JAMES DALE DAVIDSON ET.AL.:
Endovasc Announces Shareholder and Dividend Alert
Business Wire, Nov 12, 2002
Save a personal copy of this article and quickly find it again with Furl.net. It's free! Save it.
Business Editors & Health/Medical Writers
MONTGOMERY, Texas--(BUSINESS WIRE)--Nov. 12, 2002
Endovasc (OTCBB:ENVC) - a biotechnology company with two new cardiovascular drugs approved for final FDA phase III trials -announced today that it has -- in the opinion of its consultants -- uncovered an oversold position in excess of 1,000,000 shares in the company's stock, held primarily by The Charles Schwab Corp. (NYSE:SCH), Ameritrade (Nasdaq:AMTD) and Refco. The findings are a result of an ongoing litigation intelligence work conducted in connection with the $216 million stock manipulation lawsuit filed by Endovasc and accepted on contingency basis by the legendary trial attorney John O'Quinn, who also won the record $17.3 billion dollar settlement for the State of Texas vs. Big Tobacco.
"The oversold position in our company's stock can actually be great news for our shareholders," says Dr. David P. Summers, Chairman and Chief Executive Officer of Endovasc. "The overselling in our stock in the past few weeks does not seem to have had a negative impact on our share price. But, if shareholders actually asked for physical delivery of the shares they bought, the market would probably have to pay a premium in order to deliver them."
"Additionally, our Board has recently approved the issuance of a tracking stock dividend plan. But according to our plan, as approved, it won't be possible to issue any dividends to anyone that the company can't identify as a legal beneficial shareholder. This is why it is imperative that our shareholders contact their brokers to ask their stock to be taken out of the street form and put into physical form," states Summers.
Endovasc Shareholder Alert
Business Wire, Dec 19, 2002
Save a personal copy of this article and quickly find it again with Furl.net. It's free! Save it.
Business Editors/Health & Medical Writers
MONTGOMERY, Texas--(BUSINESS WIRE)--Dec. 19, 2002
Endovasc Ltd. Inc. (OTCBB:ENVC) -- a biotechnology company focused in the area of cardiovascular disease -- announced today that it believes the Company's stock has been shorted in the past few weeks, taking it down from $3 to the current $0.60 level.
Many of Endovasc's shareholders have contacted the Company during the last few days to express their concern on the significant drop in the Company's share price. Endovasc believes its shares are again being manipulated downward by a handful of short-sellers. The Company does not have any detailed evidence supporting this claim but has advised its attorney, John O'Quinn, to investigate the recent activity in the stock.
"It is important for our shareholders to know that we are fundamentally the exact same company as we were a few weeks ago when our stock was trading at $3.00. In fact, we have made further progress since then, as our recent press releases indicate," says Dr. David P. Summers, chairman and chief executive officer of Endovasc Ltd. Inc.
Re: Robert Shapiro,James Dale Davidson,attorney John O'Quinn stock fraud
By does anyone know ? on 3/19/2006 5:07:29 PM
E-mail: endoscam@lycos.com
In the original SEC litigation or complaint of April 9,2003 against Agora Inc.,James Dale Davidson,and Porter Stansberry for touting USEC, Genemax and Endovasc these lines,or whatever
they are called in legalese,numbers 41 and 42,naming Endovasc and Genemax in the complaint were there.But in the revised complaint of November 14, 2003 they are completely missing.
To my knowledge this did not help the SEC in its litigation and Davidson,Stansberry,and Agora Inc. got off without so much as a slap on the wrist anyway.So why did the SEC remove all mention of Genemax and Endovasc in the revised litigation ?
Any why in both was no mention made of a fraudulent claim of being 'naked shorted' to divert attention from the illegal pump and dump of Endovasc and Genemax ? Is or did the SEC cover up Davidson's illegal pump and dump and fraudulent
'naked short selling' claim on purpose ?
And if so is the SEC not perhaps responsible for the fraudulent naked short claim being revived with a vengeance in February of 2005 when Partick Byrne NCANS and his attorneys John M. O'Quinn and (ha)Brent Baker(whose job it should have been to convict Davidson and Stansberry and Agora Inc. for the fraudulent claim used to divert attention from their illegal pump and dump activity)began their new fraudulent naked shorting claim with a $100,000+ ad in the Washington Post and new internet tout websites to promote the scam ?(Not to mention taking over certain ragingbull and Yahoo message boards to direct potential marks into their scam and making threats to anyone who questioned their motives.)
The USEC complaint which I'm sure was dimissed shortly after the revised complaint was the only one of the 3 companies in which the 'naked shorting' claim was not made.Not that it mattered because SEC attorney Brent Baker et.al., of the Utah SEC office were determined to ignore or cover up that fraud that now rages across not only the OTCBB stock fraud boards but now even scammy Nasdaq stocks like Brent Baker's client Patrick Byrne is using it for his Overtsock.com as well as all the other scammy penny stocks touted on his NCANS website.And a number of Nasdaq penny stock near do wells besides Byrne's OSTK are also making the fraudulent claim of being victims of 'naked shorting',Taser being one.Why,and why is the SEC pretending it doesn't see and threatening journalists who might ?
I place both versions of the complaint here for comparison and because the original with mention of Endovasc and Genemax is missing from SEC documents and the link to the original on the SEC website in fact only leads to the last revised complaint of November 14, 2003.
I find it outrageous the John Reed Stark and his SEC internet fraud division doesn't at least put out an official warning that certain identified and unidentified individuals are using the internet to promote a fraudulent 'anti-naked short selling' scheme to promote or tout questionable 'securities'.I would greatly appreciate some feedback from anyone who has been following this besides myself.No wonder the SEC REFUSES TO ANSWER ANYONES' QUESTIONS.
Tony Ryals
41. For example, James Dale Davidson is the editor of Agora's Vantage Point Investment Advisory, a financial newsletter with a worldwide circulation. In December 2002 and January 2003, Agora distributed e-mails written by Davidson to its subscriber base. These e-mails promote several unnamed microcap issuers and offer to provide reports naming these issuers if the recipient of the e-mail paid $149 to subscribe to the Vantage Point newsletter.
42. Among the issuers promoted in this manner have been GeneMax Corp. and Endovasc Ltd., Inc. Davidson is an officer, director and, indirectly, a substantial shareholder of these two issuers. Neither the soliciting e-mail nor the subsequent company report discloses Davidson's relationship to the companies.
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
BALTIMORE DIVISION
UNITED STATES SECURITIES
AND EXCHANGE COMMISSION,
Plaintiff,
v.
AGORA, INC., PIRATE INVESTOR,
LLC and FRANK PORTER STANSBERRY
Defendants.
)
)
)
)
)
)
Case No. MJG 03 1042
COMPLAINT
Plaintiff Securities and Exchange Commission ("Commission"), for its Complaint against Agora, Inc. ("Agora"), Pirate Investor LLC ("Pirate") and Frank Porter Stansberry ("Stansberry") (collectivley referred to as "defendants"), hereby alleges as follows:
INTRODUCTION
1. Defendants engaged in an ongoing scheme to defraud public investors by disseminating false information in several Internet newsletters published by Agora or its wholly owned subsidiaries such as Pirate. Through various publications, defendants claimed to have inside information about certain public companies. Defendants suggested that its readers could cash in on the inside information and make quick profits. The defendants offered to sell the inside information to newsletter subscribers for a fee of $1,000.
2. Numerous subscribers purchased the defendants "inside tips" and made investment decisions based on that information. The purported inside information was false and, as a result, the subscribers did not realize the profits the defendants promised.
3. The defendants, however, profited handsomely. On information and belief, Agora received in excess of $1 million from the sale of false information to its newsletter subscribers.
STATUTES AND RULES ALLEGED TO HAVE BEEN VIOLATED
4. Defendants Agora, Pirate, and Stansberry have engaged and, unless enjoined, will continue to engage, directly or indirectly, in transactions, acts, practices, and courses of business which constitute violations of Section 10(b) of the Exchange Act of 1934 ("Exchange Act") [15 U.S.C. §§ 78j(b)] and Rule 10b-5 thereunder [17 C.F.R. § 240.10b-5].
5. Defendants' conduct occurred in connection with the purchase and sale of securities of public companies, including but not limited to, USEC, Inc. ("USEC").
JURISDICTION AND VENUE
6. The Court has jurisdiction over this action pursuant to Section 22(a) of the Securities Act of 1933 ("Securities Act") [15 U.S.C. § 77u(a)] and Section 21(d) of the Exchange Act, [15 U.S.C. § 78u(d)].
7. The defendants, directly or indirectly, have made use of the mails, means or instruments of transportation or communication in interstate commerce, or means or instrumentalities of interstate commerce in connection with the transactions, acts, practices and courses of business described in this Complaint.
8. Venue over this action is proper pursuant to Section 22(a) of the Securities Act [15 U.S.C. § 77v(a)] and Section 27 of the Exchange Act [15 U.S.C. §§ 77v(a) and 78aa].
9. Venue lies in the District of Maryland because certain of the transactions, acts, practices and courses of business constituting violations alleged herein occurred within the state of Maryland. In addition, Agora is a Maryland corporation with its principal place of business in Baltimore, Maryland. Pirate Investor LLC is a Maryland limited liability company with its principal place of business in Baltimore, Maryland. Defendant Frank Porter Stansberry is a Maryland resident.
AUTHORITY FOR PROMULGATED RULES CITED HEREIN
10. Plaintiff Commission brings this action pursuant to Sections 20(b) and 20(d) of the Securities Act [15 U.S.C. §§ 77t(b) and 77t(d)] and Sections 21(d) and 21(e) of the Exchange Act [15 U.S.C. §§ 78u(d)(3) and 78u(e)], to restrain and enjoin the defendants from engaging in the transactions, acts, practices and courses of business described herein which violate the federal securities laws, and transactions, acts, practices and courses of business of similar purport and object, to order defendants to disgorge all ill-gotten gains received during the period of violative conduct, and to impose civil money penalties pursuant to Section 20(d) of the Securities Act and Section 21(d)(3) of the Exchange Act against defendants.
11. Pursuant to authority conferred upon the Commission by Sections 10(b) and 23(a) of the Exchange Act [15 U.S.C. §§ 78j(b) and 78w(a)], the Commission promulgated Rule 10b-5 [17 C.F.R. §§ 240.10b-5]. Rule 10b-5 was in effect at the time of the transactions and events alleged in the Complaint and remains in effect.
DEFENDANTS
12. Agora, Inc. is a Maryland corporation based in Baltimore. Agora publishes books, magazines, newsletters and operates at least 15 financial web sites in the United States and Europe. Agora's publications include The Cutting Edge, Penny Stock Advisory, The Red Zone, Taipan, Rogue Trader, The Flying V Lockup Trader, CSX Trader, Fleet Street Letter, Options Hotline, Outstanding Investments, Richebacher Letter, Daily Reckoning Investment Advisory, Carpathia Letter, Strategic Opportunities, Jim Davidson's Vantage Point Investing, and the Contrarian Speculator. Agora publications have well over 21,500 paid subscribers.
13. Pirate Investor, LLC, is a Maryland Limited Liability Company that runs a financial advisory web site and newsletter, PirateInvestor.com. Pirate is wholly owned by Agora. Defendant Frank Porter Stansberry is the editor of PriateInvestor.com.
14. Frank Porter Stansberry, resides in Baltimore, Maryland. He is the editor of two of Agora's Internet financial newsletters: Porter Stansberry's Investment Advisory and PirateInvestor.com. Stansberry's compensation is based in part, on a percentage of the revenues realized by those on-line publications.
THE FRAUDULENT SCHEME
Marketing the False Inside Information
15. Agora's newsletters, including PirateInvestor.com, claim to be "a service featuring independent, original and thoughtful research into the process of wealth creation."
16. Instead, the newsletters contain nothing more than baseless speculation and outright lies, fabricated to induce investors to pay Agora (or its subsidiaries) for subscriptions or purported inside information.
17. The subscribers paid Agora for the alleged insider information only to later discover that the inside information was false.
18. On or about May 14, 2002, at least 15 of Agora's Internet newsletters disseminated an e-mail, written by Stansberry promising quick profits based on inside information. The heading on the e-mail stated: "DOUBLE YOUR MONEY ON MAY 22ND ON THIS SUPER INSIDER TIP." A true and correct copy of the May 14, 2002, e-mail is attached hereto as Exhibit A.
19. The e-mail claimed analysts at PirateInvestor.com had come into possession of certain details about the pending approval of a major international agreement that "will create more than $2.5 billion in profits for one small company." The e-mail identified the issuer as a company that was involved in the nuclear energy field and would benefit from the arms reduction treaty between the U.S. and Russia.
20. Stansberry's May 14, 2002, e-mail maintained investors would "make a fortune" because PirateInvestor.com had a "senior executive inside the company" as a source for its inside information. PirateInvestor.com claimed this executive was "definitely in a position to know the intimate deals of this agreement" and when it would be approved. Therefore, the e-mail announced that PirateInvestor.com was in a position to "tell you EXACTLY WHEN the deal will be finalized and announced to the public."
21. The e-mail encouraged recipients to stake their entire investment portfolios on this unnamed company and suggested investors would be able to double their "investment dollar in a single day." Finally, the e-mail stated PirateInvestor.com "can even tell you exactly which day to buy (May 21st) and which day to sell (May 23rd). There is nothing else you have to do."
22. The e-mail did not give the name of the company but indicated it was listed on the NYSE and offered to sell a full report including the name of the company to subscribers for $1,000.
The USEC Report Contains False Information.
23. Once the reader purchased the tip for $1,000, the reader received a report that identified USEC as the company with the impending contract approval ("USEC report"). A true and correct copy of the USEC Report is attached hereto as Exhibit B.
24. Agora's web site attributed the May 14, 2002 e-mail and the USEC report to Jay McDaniels. Jay McDaniels is a pseudonym for Stansberry.
25. The USEC report claimed USEC and Tenex, a Russian governmental agent corporation, had reached an agreement for Tenex to sell dismantled nuclear warheads to USEC at a reduced rate under a pricing agreement.
26. The USEC report indicated that both the U.S. and Russian governments were required to approve the pricing agreement before it became effective. The USEC report claims that, based on information from a company insider, the pricing "agreement will be approved just prior to the upcoming Bush-Putin Summit." Referring again to the pricing agreement, the USEC report states that "[a]ll it needs are the politicians to sign off on the deal" and "according to my source, that will happen-finally-on May 22nd."
27. Stansberry eventually identified Steven A. Wingfield as the insider who purportedly provided the inside information regarding the May 22nd signing date of the arms reduction treaty between U.S. and Russia. Steven A. Wingfield is USEC's Director of Investor Relations.
28. Stansberry claimed Wingfield told him the U.S. and Russian governments would approve the agreement between USEC and Tenex on May 22, 2002, the day before the start of the Bush-Putin Summit. Wingfield made no such statement to Stansberry.
29. Wingfield told Stansberry the same thing he told all analysts who called the investor relations department at USEC. Stansberry asked Wingfield about the pending approval of the USEC-Tenex contract by the U.S. and Russian governments. Wingfield responded to Stansberry, as he did to all analysts, by saying USEC "expected it would be approved in the near future."
30. Wingfield did not tell Stansberry, directly or indirectly, that the pricing agreement with Tenex would be approved by any governmental entity on May 22, 2002. No one at USEC knew when or if the pricing agreement would be approved.
31. Stansberry had no basis whatsoever for the claim in the USEC Report that the approval of the USEC-Tennex contract would occur on May 22, 2002.
32. The pricing agreement between USEC and Tennex was approved on June 19, 2002. On that date the Department of State and USEC separately announced approval of the pricing agreement by both the U.S. and Russian governments.
Market Activity in Response to Agora's False Information
33. From January 2, 2002, through May 13, 2002, trading volume in USEC common stock averaged approximately 189,000 shares a day at prices ranging from $5.78 to $7.37 a share.
34. From May 14 through May 23 volume averaged 3,340,138 shares a day with closing prices ranging from $7.85 a share on May 14 to a high of $9.98 a share on May 20. There was also a significant increase in the volume of options trading in USEC stock during this period.
35. On May 22, USEC failed to make the announcement promised by the Agora e-mails and the USEC report and that day the price of USEC stock fell from $9.54 to $8.20 a share, a drop of nearly 15%.
Agora's On-going Efforts to Disseminate False Information to the Investing Public
36. Agora promoted other securities in its newsletters. Even after Agora became aware of the Commission's investigation, its newsletters have continued to publish e-mails promoting numerous securities accompanied by fantastic claims of quick profits or inside information.
37. For example, Agora publications have touted stocks that it claims will double or triple in value over the next year. Other Agora publications claim to provide information that allows an investor to "turn $10,000 into $114,280 by April 18, 2003."
38. Agora continues to promise its subscribers, "Almost Unbelievable Profits - 4.5 Times Your Money in 48 Hours."
39. As recently as the first week in April 2003, Agora published articles making similar claims of exorbitant profits. In each instance, recipients of the e-mails are offered "free" copies of the headlined reports if they subscribe to one of the various Agora newsletters at a cost of from $69 to $1250 a year. The money-making investments featured in the reports are typically microcap issuers with cures for cancer or AIDS or a technological breakthrough. Some of the tips are characterized as being based on "secret" or "inside" information.
40. In some instances, the individual writing the reports Agora provides to its subscribers has an undisclosed relationship to the company being promoted.
41. For example, James Dale Davidson is the editor of Agora's Vantage Point Investment Advisory, a financial newsletter with a worldwide circulation. In December 2002 and January 2003, Agora distributed e-mails written by Davidson to its subscriber base. These e-mails promote several unnamed microcap issuers and offer to provide reports naming these issuers if the recipient of the e-mail paid $149 to subscribe to the Vantage Point newsletter.
42. Among the issuers promoted in this manner have been GeneMax Corp. and Endovasc Ltd., Inc. Davidson is an officer, director and, indirectly, a substantial shareholder of these two issuers. Neither the soliciting e-mail nor the subsequent company report discloses Davidson's relationship to the companies.
FIRST CLAIM FOR RELIEF
FRAUD IN CONNECTION WITH THE PURCHASE
OR SALE OF SECURITIES
Violations of Section 10(b) of the Exchange Act, 15 U.S.C. §78j(b),
And Rule 10b-5 thereunder, 17 C.F.R. § 10b-5
43. The Commission repeats and realleges each and every allegation contained in paragraphs 1 through 42, as if fully set forth herein.
44. Defendants, by engaging in the conduct described above, directly or indirectly, in connection with the purchase or sale of securities, by the use of means or instrumentalities of interstate commerce, or of the mails, or of a facility of a national securities exchange, with scienter:
employed devices, schemes or artifices to defraud;
made untrue statements of material fact or omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or
engaged in acts, practices or courses of business which operated or would operate as a fraud or deceit upon other persons;
in violation of Section 10(b) of the Exchange Act and Rule 10b-5 thereunder.
45. By reason of the foregoing, defendants violated, and unless restrained and enjoined will continue to violate, Section 10(b) of the Exchange Act, 15 U.S.C. § 78j(b), and Rule 10b-5, 17 C.F.R. § 240.10b-5.
PRAYER FOR RELIEF
WHEREFORE, plaintiff Commission respectfully requests that this Court:
I.
Issue findings of fact and conclusions of law that Defendants committed the violations alleged herein.
II.
Issue an Order Issue in a form consistent with Rule 65(d) of the Federal Rules of Civil Procedure, permanently enjoining defendants Agora, Pirate and Stansberry, and their officers, agents, servants, employees, attorneys, and accountants, and those persons in active concert or participation with any of them, who receive actual notice of the order by personal service or otherwise, and each of them, from engaging in the transactions, acts, practices and courses of business described herein, and from engaging in conduct of similar purport and object in violation of Section 10(b) of the Exchange Act and Rule 10b-5 thereunder.
III.
Enter an order that defendants Agora, Stansberry and Pirate, provide an accounting and disgorge their ill-gotten gains from the illegal conduct alleged in this Complaint and to pay prejudgment interest thereon.
IV.
Enter an Order that Defendants Agora, Stansberry and Pirate pay civil penalties pursuant to Section 20(d) of the Securities Act, 15 U.S.C. § 77t(d), and Section 21(d) of the Exchange Act, 15 U.S.C. § 78u(d), for the violations alleged herein.
V.
Retain jurisdiction of this action in accordance with the principles of equity and the Federal Rules of Civil Procedure in order to implement and carry out the terms of all orders and decrees that may be entered, or to entertain any suitable application or motion for additional relief within the jurisdiction of this Court.
DATED: April 9, 2003 Respectfully submitted
/s/ Karen L.Martinez___
KAREN L. MARTINEZ
THOMAS M. MELTO
BRENT R. BAKER
Securities and Exchange Commission
50 South Main Street, Suite 500
Salt Lake City, Utah 84144
(801) 524-5796 (801) 524-3558 (fax)
Attorneys for the Plaintiff
Securities and Exhange Commission
http://www.sec.gov/litigation/complaints/comp18090.htm
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