Some belated updates on John Babikian, Awesome Pennystocks, Jay Fung, Eric Van Nguyen, & Anthony Thompson

I haven’t kept up with John Babikian (evidently the man behind Awesomepennystocks.com, perhaps the most successful stock promoter of its time) for the last couple years as not much has happened with him. But I did notice a few things have happened that I had not recorded on this blog, so here they are.

Babikian’s (now ex-) wife dropped her suit against Babikian in LA Superior Court three years ago. I have no clue what happened to the divorce proceedings (those are normally sealed in Quebec).

Request to drop suit (pdf)
Order dropping suit (pdf)

In October 2016 Jean-François Cloutier of Journal de Montreal wrote about Babikian’s former associate Robert Kalfayan and his alleged attempts to remove money from Canada to allegedly escape seizure by the tax authority (article in French). See previous article on Revenue Québec getting a lien on Kalfayan’s home.

Meanwhile, the SEC’s case against Anthony Thompson, Jay Fung, and Eric Van Nguyen (associated with Awesomepennystocks predecessor websites) continues. That case is:

1:14-cv-09126-KBF Securities and Exchange Commission v. Thompson et al
Katherine B. Forrest, presiding
Date filed: 11/17/2014

Currently the case is stayed pending the resolution of the parallel criminal case against Thompson, Fung, and Nguyen and the CEOs of five penny stock companies. If the criminal case (supposed to go to trial on September 27, 2017) does not immediately go to trial the civil case may continue per request of Thompson’s attorneys (docket 70; PDF copy). Below is the judge’s decision (hand-written on the last page of docket 70)

The criminal matter is New York State Court (Manhattan Supreme Court) case 3853/14. See the press release about the original indictment.

Back on May 16th, 2016 the judge ordered a bunch of the charges dropped, including larceny charges, because they were deemed not to fit the crime. The order described in that article can be found on Justia.

I should mention that while the promoters were the ones who became infamous, they were not the alleged mastermind(s). Instead, that was allegedly Kevin Sepe (who was not charged in the case). From the statement of facts in the order I linked above:

STATEMENT OF FACTS

The indictment arises from 9 alleged fraudulent “penny stock” “pump and dump” schemes. A penny stock is one which trades for less than $5 per share, is not listed on the NASDAQ and requires limited disclosure, making investments more risky and volatile. The company shares in this case traded for pennies or fractions of pennies but the conduct here also involved millions of shares. Those companies and their ticker symbols (the symbols which designated the companies on the market) were: Blast Applications (BLAP), Blue Gem Enterprises (BGEM), Recyle Tech (RCYT), Hydrogenetics (HGYN), Xynergy Holdings (XYNH), Mass Hysteria Entertainment Company Inc. (MHYS), Lyric Jeans (LYJN), SunPeaks Ventures (SNPK) and Smart Holdings (SMHS) (hereinafter sometimes referred to as the “subject companies”).

The architect and orchestrator of the scheme was Kevin Sepe. The remaining defendants, as described infra, were either affiliates of Kevin Sepe or stock promoters who worked with him to implement the alleged frauds. The Defendants’ work with the companies followed a similar pattern. A publicly traded “shell” company (a company with no substantial business) would be [*3]identified and Mr. Sepe and his affiliates would then act to merge a private company they controlled into the shell company. This allowed the shares of the new company to be freely traded without a waiting period. Money would be loaned to the company and then the loan would be converted into equity through the receipt of shares of the company stock as a substitute for the repayment of the debt. A stock promotion would then take place. Typically, there would have been very little trading in the company’s stock prior to the promotion. Immediately prior to the beginning of the promotion, however, some shares might be leaked into the market so that regulators would not see that a company went immediately from having no shares traded to a large trading volume.

The shares held by Sepe and his affiliates would rise in value following the promotion. Sepe and his affiliates would sell the shares at huge profits. The promotional campaign would then end. The share price would then rapidly decline. Kevin Sepe and his affiliates knew, in advance, that the stocks would follow this pattern pursuant to the beginning and end of internet marketing campaigns and scheduled and coordinated their stock sales accordingly. In each case, the sales and profits followed the pre-arranged pattern.

A key part of the scheme was to conceal the fact that Kevin Sepe controlled a vast portion of the trading shares. To conceal his ownership, his shares were placed in the names of multiple loyal nominees including Defendants Luz Rodriguez and Joseph Dervali who then sold their shares and split the profits with Kevin Sepe. In addition to concealing his ownership and control, having shares held by these nominees allowed Sepe to evade requirements that persons who held more than 5% of the shares of a company be disclosed.

Kevin Sepe was sued by the SEC back in 2012 for his involvement in the pump and dump of Recycle Tech and HydroGenetic and he settled that case. “Sepe agreed to disgorgement of $1,416,466.16, prejudgment interest of $126,761.86, and penalties of $185,000 as well as a permanent bar from participating in an offer or sale of penny stocks.” As with most SEC settlements, Sepe neither admitted nor denied the allegations in the settlment.

 

Disclaimer. No position in any stocks mentioned and I have no relationship with anyone mentioned in this post. This blog has a terms of use that is incorporated by reference into this post; you can find all my disclaimers and disclosures there as well.

 

Environmental Packaging Technologies Holdings $EPTI to resume trading on July 13th after SEC trading suspension

Not long (13 days) after I blogged about the hard mailer promoting Environmental Packaging Technologies Holdings (EPTI) and uploaded a scan of the mailer, during premarket trading on June 28th the SEC suspended trading in the stock. It will resume trading on the grey market (no market makers) at the market open on July 13th, likely gapping down 90% or so.

SEC trading suspension release (PDF)
SEC trading suspension order (PDF)

The reason given for the trading suspension:

concerns regarding: (i) the accuracy and adequacy of publicly available information in the marketplace
since at least June 9, 2017 regarding statements in third party stock promotion materials pertaining to Environmental Packaging’s 2016 revenues, projected 2017 revenues, and the company’s buyout potential; and (ii) recent trading activity in the security that potentially reflects manipulative or deceptive activities.

While I would love to take credit for the SEC suspension of EPTI, that “The Commission acknowledges FINRA’s assistance in this matter” means that some broker(s) likely submitted SARs (suspicious activity reports) about potentially manipulative trading and that was the prime reason for the suspension.

 

Disclaimer. No position in any stocks mentioned and I have no relationship with anyone mentioned in this post. This blog has a terms of use that is incorporated by reference into this post; you can find all my disclaimers and disclosures there as well.

Environmental Packaging Technologies Holdings $EPTI promoted by 16-page mailer

The newest landing page pump out there is Environmental Packaging Technologies Holdings (EPTI). It has only been pumped for a week and volume is not great and it already crashed today but is bouncing back. A short seller such as I can only hope that the pump recovers and gets more volume so that it will be worth selling short (I currently have no position). The landing page is at: http://profitplaystocks.com/epti/index.html. Today I received a 16-page glossy mailer that I have scanned (pdf).

As of the company’s most recent 10-Q, filed on June 8, 2017, the company reported total assets of $475 and no revenues for the most recent quarter.

Disclosed budget: $1,000,000
Promoter:  Profit Play Stocks
Paying party: SVARNA LTD
Shares outstanding: 12,000,023
Previous closing price: $1.27
Market capitalization: $30 million

Disclaimer (emphasis added by me):

IMPORTANT NOTICE AND DISCLAIMER: DO NOT BASE ANY INVESTMENT DECISIONS UPON ANY MATERIAL FOUND IN THIS REPORT. This publication is distributed free of charge and does not purport to provide an analysis of a company’s financial position. The information contained herein has been prepared for informational purposes only and is not intended to be used as a complete source of information on any particular company, including Environmental Packaging Technologies Holdings (EPTI). Environmental Packaging Technologies Holdings’ (EPTI) financial position and all other information regarding (EPTI) should be verified with the company. An individual should not invest in the securities of (EPTI) based solely on information contained in this advertisement. Information about many publicly traded companies, including (EPTI) and other investor resources can be found at the Securities and Exchange Commission’s website: www.sec.gov. Investing in securities is highly speculative and carries significant risk. It is recommended that any investment in any security should be made only after consulting with your investment advisor and only after reviewing all publicly available information, including the statements of the company. This mailing piece is not intended to be, nor should it be construed as, an offer to sell or a solicitation of an offer to buy securities, nor should it be construed as the provision of any investment related advice or services tailored to any particular individual’s financial situation or investment objective(s). Profit Play Stocks is a publisher of general and regular circulations offering impersonalized investment-related research to readers and/or prospective readers and is not an investment advisor or broker/dealer registered with either the U.S Securities and Exchange Commission (SEC) or with any state securities regulatory authorities. Profit Play Stocks is neither licensed nor qualified to provide financial advice. As such, it relies upon the “publisher’s exclusion” as provided under Section 202(a)(11) of the Investment Advisors Act of 1940 and corresponding state securities laws. Investing in companies like (EPTI) carries a high degree of risk. Do not invest in this company unless you can afford to possibly lose your entire investment. The “Company” featured herein appears as paid advertising, paid by a third party to provide public awareness for (EPTI). The publisher, Profit Play Stocks, understands that in an effort to enhance public awareness of (EPTI) and its securities through the distribution of this mail and online advertisement, SVARNA, LTD. paid all of the costs associated with creating, printing, postage, and distribution of this advertisement. The publisher was paid the sum of ten thousand dollars for its contributions. The marketing vendors will be managing a total budget of one million dollars, provided by SVARNA, LTD. for all mail and online advertising and marketing efforts and will retain any amounts over and above the cost of production, copywriting services, mailing and other distribution expenses, as a fee for its services. If successful, the advertisement will increase investor and market awareness, which may result in increased numbers of shareholders owning and trading the common stock of (EPTI), increased trading volumes, and possibly increased share price of the common stock of (EPTI). The publisher has not undertaken to determine if SVARNA, LTD. Is, or intends to be, directly or indirectly, a shareholder of (EPTI). This publication is based exclusively on information generally available to the public and does not contain any material, non-public information. The information on which it is based is believed to be reliable; nevertheless, the publisher cannot guarantee the accuracy or completeness of the information. The information contained herein contain forwardlooking information within the meaning of section 27a of the Securities Act and section 21e of the Securities Exchange Act including statements regarding expected growth of The Company. In accordance with the safe harbor provisions of the Private Securities Litigation Reform Act, the publisher notes that statements contained herein that look forward in time, which include everything other than historical information, involve risks and uncertainties that may affect the Company’s actual results of operations. Factors that could cause actual results to differ include, but are not limited to, the size and growth of the market for the company’s products and services, the company’s ability to fund its capital requirements in the near term and long term, pricing pressures and other risks detailed in the company’s filed reports with SEC. To the fullest extent of the law, we will not be liable to any person or entity for the quality, accuracy, completeness, reliability, or timeliness of the information provided herein, or for any direct, indirect, consequential, incidental special or punitive damages that may arise out of the use of information we provide to any person or entity (including, but not limited to; lost profits, loss of opportunities, trading losses, and damages that may result from any inaccuracy or incompleteness of this information.

*Projection: Profit projection based on Environmental Packaging Technologies (EPTI) potential to match their competitor’s (Kirby Corporation: KEX) price surge.

Copy of pump landing page (PDF)

Disclaimer. I have no position in any stock mentioned above. I have no relationship with any parties mentioned above. This blog has a terms of use that is incorporated by reference into this post; you can find all my disclaimers and disclosures there as well.

SEC Sues Alpine Securities, continuing a run of bad news for owner John Hurry

As I wrote back in April, FINRA fined Scottsdale Capital Advisors $1.5 million for doing a really poor job at preventing illegal sales by penny stock insiders (FINRA Rule 2010). The owner, John J. Hurry, was barred from the industry. The full 111-page FINRA decision can be found on their website. Unfortunately FINRA prevents direct-linking so you need to go to http://disciplinaryactions.finra.org/Search/ and then enter “John Hurry” as the name. I have downloaded a copy of the decision in case they delete it.

From the FINRA report:

The Respondent firm violated FINRA Rule 2010 by selling securities without
registration and without an exemption, in contravention of Section 5 of the
Securities Act of 1933. The firm’s owner, Respondent John Hurry, also
violated Rule 2010, because he engaged in activities designed to enable the
unlawful transactions and evade regulatory scrutiny.

The Respondent firm and its Chief Compliance Officer, Respondent Timothy
DiBlasi, violated NASD Rules 3010(a) and (b) and FINRA Rule 2010 by
failing to establish and maintain a supervisory system, including written
supervisory procedures, reasonably designed to ensure that the firm
complied with Section 5 of the Securities Act.

The Respondent firm and its President, Respondent Michael Cruz, violated
NASD Rule 3010(b) and FINRA Rule 2010 by failing to supervise and failing
to respond appropriately to numerous red flags indicative of unlawful
unregistered distributions.

The Respondent firm is fined $1.5 million. Hurry is barred in all capacities.
He would also be fined $100,000, but, in light of the bar, the fine is not
imposed. DiBlasi is suspended for two years and fined $50,000. Cruz is
suspended for two years and fined $50,000. In addition, Respondents are
ordered to pay costs, for which they are jointly and severally liable.

From the same FINRA report, John “Hurry is a threat to the investment public.” The SEC must agree because on June 5, 2017 they sued Alpine Securities, which is another broker specializing in penny stocks owned by John Hurry.

The FINRA report on Scottsdale and Hurry describes the close relationship among them, Alpine Securities, and CSCT, which was based in the Cayman Islands.

Respondent Hurry thus owns and controls all three firms involved in the transactions at
issue in this proceeding-Scottsdale, Alpine, and CSCT. In fact, the three firms were almost a
self-contained system for processing and distributing microcap securities. CSCT did all its
business through Scottsdale, and Scottsdale in turn did all its business with Alpine. Alpine’s
current CEO described Alpine as a small”boutique” clearing firm with a focus on the kind of
business brought to it by CSCT. No independent third party was involved in preparing,
approving, or clearing the deposits of stock certificates by CSCT at Scottsdale for resale.

SEC litigation release against Alpine Securities
SEC complaint against Alpine securities (PDF)

From the litigation release against Alpine Securities:

Securities and Exchange Commission v. Alpine Securities Corporation

Civil Action No. 7:17-CV-4179 (S.D.N.Y., filed June 5, 2017)

SEC CHARGES BROKERAGE FIRM WITH FAILING TO COMPLY WITH ANTI-MONEY LAUNDERING LAWS

Washington D.C., Jun. 5, 2017 – The Securities and Exchange Commission today charged a Salt Lake City-based brokerage firm with securities law violations related to its alleged practice of clearing transactions for microcap stocks that were used in manipulative schemes to harm investors.

To help detect potential securities law and money-laundering violations, broker-dealers are required to file Suspicious Activity Reports (SARs) that describe suspicious transactions that take place through their firms. The SEC’s complaint alleges that Alpine Securities Corporation routinely and systematically failed to file SARs for stock transactions that it flagged as suspicious. When it did file SARs, Alpine Securities allegedly frequently omitted the very information that formed the bases for Alpine knowing, suspecting, or having reason to suspect that a transaction was suspicious. As noted in the complaint, guidance for preparing SARs from the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) clearly states that “[e]xplaining why the transaction is suspicious is critical.”

The SEC’s complaint charges Alpine Securities with thousands of violations of Section 17(a) of the Securities Exchange Act of 1934 and Rule 17a-8.

From the complaint, the SEC alleges:

This case concerns Alpine’s practices relating to filing Suspicious Activity
Reports (“SARs”) with the U.S. Treasury Department’s Financial Crimes Enforcement Network
(“FinCEN”). Alpine acts as a clearing firm for many microcap over-the-counter (“OTC”) stock
transactions. Since 2011, Alpine has cleared thousands of deposits of microcap securities, most
of them involving Scottsdale Capital Advisors Corp. (“Scottsdale”) as the introducing broker,
and many of which were used as part of various stock manipulation and other schemes

Alpine’s alleged failures with regard to filing suspicious activity reports (SARs) seem egregious:

Systematically omitting from at least 1,950 SARs material, “red-flag” information of
which it was aware and was required to report under its own BSA Compliance
Program, such as a customer or issuer’s criminal or regulatory history, evidence of
stock promotion, or whether a customer was a foreign financial institution, including
at least 1,150 SARs which included only the customer name, date of deposit, dollar
value of deposit, and the name of the security deposited;
• Filing SARs only on the deposit of stock in approximately 1,900 instances in which
the stock was subsequently liquidated, but failing to file required SARs on subsequent
related transactions such as the liquidation, or transfer of funds resulting from the
liquidation, even though it had identified the deposit of the security as suspicious; and
• Failing to file at least 250 SARs within the required 30 days after the date the
suspicious activity was detected.

Alpine has previously been investigated and cited by FINRA for inadequate SARs in 2012 and 2015.

Lest anyone think that these are just minor paperwork deficiences with no real consequences, I remind you that one pump and dump alone, Biozoom (BIZM), led to over $17 million in fraudulent profits for manipulators / insiders, and many of their accounts were at Scottsdale Capital Advisors.

One interesting thing I noticed: this lawsuit against Alpine Securities came on June 5th, which is exactly the day that the bar against a couple employees of Scottsdale Capital Advisors began. From the FINRA complain from April (emphasis mine):

V. CONCLUSION

The Firm, Scottsdale Capital Advisors, violated FINRA Rule 2010. Accordingly, it is
ordered to pay a fine of$ 1.5 million. John J. Hurryviolated FINRA Rule 2010. For his
misconduct he is barred from association with any FINRA member in any capacity. He would be
fined $100,000, but, in light ofthe bar, the fine is not imposed. Timothy B. DiBlasi violated
NASD Rules 3010(a) and (b) and FINRA Rule 2010. For his misconduct, he is suspended for
two years from association with any FINRA member in any capacity and fined $50,000. D.
Michael Cruz violated NASD Rule 3010(b) and FINRA Rule 2010. For his misconduct, he is
suspended for two years from association with any FINRA member in any capacity and fined
$50,000.

Respondents are also ordered to pay costs in the amount of$22,124.29, which includes a
$750 administrative fee and $21,374.29 for the cost of the transcript. If this decision becomes
FINRA’s final disciplinary action, Hurry’s bar will take immediate effect. DiBlasi’s and Cruz’s
suspension will begin with the opening of business on June 5, 2017 The fines and assessed costs
shall be due on a date set by FINRA, but not sooner than 30 days after this decision becomes
FINRA’s final disciplinary action in this proceeding.

 

Disclaimer. I have no position in any stock mentioned above. I was long BIZM when trading in it was suspended by the SEC and lost money because of that. I have no relationship with any parties mentioned above. This blog has a terms of use that is incorporated by reference into this post; you can find all my disclaimers and disclosures there as well.

 

 

 

 

 

 

 

Drone Guarder $DRNG now pumped for two weeks via landing page

Starting on May 30th, Drone Guarder (DRNG) started trading with good volume. It is being promoted via emails and a landing page at wallstreetblaze.com/drng/index.html There are 30 million unrestricted shares that can potentially be dumped into this stock promotion while 102 million shares are restricted (data from OTCMarkets.com). This is starting to look pretty interesting as a potential short although the stock looks tightly controlled / manipulated.

Under the company’s previous ticker VOPA it was first promoted back in November 2016.

As of the company’s most recent 10-Q, filed on June 8, 2017, the company reported total assets of $40,111 and no revenues for the most recent quarter.

Disclosed budget: $300,000
Promoter:  Wall Street Blaze
Paying party: Optimal Access Pte LTD
Shares outstanding: 26,805,270
Previous closing price: $1.19
Market capitalization: $158 million

Disclaimer (emphasis added by me):

Disclaimer: DO NOT BASE ANY INVESTMENT DECISIONS UPON ANY MATERIAL FOUND IN THIS REPORT. This publication is distributed free of charge and does not purport to provide an analysis of a company’s financial position. The information contained herein has been prepared for informational purposes only and is not intended to be used as a complete source of information on any particular company, including Drone Guarder (DRNG). DRNG’s financial position and all other information regarding DRNG should be verified with the company. An individual should not invest in the securities of DRNG based solely on information contained in this advertisement. Information about many publicly traded companies, including DRNG and other investor resources can be found at the Securities and Exchange Commission’s website: www.sec.gov. Investing in securities is highly speculative and carries significant risk. It is recommended that any investment in any security should be made only after consulting with your investment advisor and only after reviewing all publicly available information, including the statements of the company. This mailing piece is not intended to be, nor should it be construed as, an offer to sell or a solicitation of an offer to buy securities, nor should it be construed as the provision of any investment related advice or services tailored to any particular individual’s financial situation or investment objective(s). Wall Street Blaze is a publisher of general and regular circulations offering impersonalized investment-related research to readers and/or prospective readers and is not an investment advisor or broker/dealer registered with either the U.S Securities and Exchange Commission (SEC) or with any state securities regulatory authorities. Wall Street Blaze is neither licensed nor qualified to provide financial advice. As such, it relies upon the “publisher’s exclusion” as provided under Section 202(a)(11) of the Investment Advisors Act of 1940 and corresponding state securities laws. Investing in companies like DRNG carries a high degree of risk. Do not invest in this company unless you can afford to possibly lose your entire investment. The “Company” featured herein appears as paid advertising, paid by a third party (Optimal Access Pte LTD) to provide public awareness for DRNG. The publisher, Wall Street Blaze, understands that in an effort to enhance public awareness of DRNG and its securities through the distribution of this mail and online advertisement, Optimal Access Pte LTD paid all of the costs associated with creating and distribution of this advertisement. The publisher was paid the sum of five thousand dollars for its contributions. The marketing vendors will be managing a total budget of three hundred thousand dollars, provided by Optimal Access Pte LTD for all online advertising and marketing efforts and will retain any amounts over and above the cost of production, copywriting services, mailing and other distribution expenses, as a fee for its services. If successful, the advertisement will increase investor and market awareness, which may result in increased numbers of shareholders owning and trading the common stock of DRNG, increase trading volumes, and possibly increased share price of the common stock of DRNG. The publisher has not undertaken to determine if Optimal Access Pte LTD is, or intends to be, directly or indirectly, a shareholder of DRNG. This publication is based exclusively on information generally available to the public and does not contain any material, non-public information. The information on which it is based is believed to be reliable; nevertheless, the publisher cannot guarantee the accuracy or completeness of the information. The information contained herein contain forward-looking information within the meaning of section 27a of the Securities Act and section 21e of the Securities Exchange Act including statements regarding expected growth of The Company. In accordance with the safe harbor provisions of the Private Securities Litigation Reform Act, the publisher notes that statements contained herein that look forward in time, which include everything other than historical information, involve risks and uncertainties that may affect the Company’s actual results of operations. Factors that could cause actual results to differ include, but are not limited to, the size and growth of the market for the company’s products and services, the company’s ability to fund its capital requirements in the near term and long term, pricing pressures and other risks detailed in the company’s filed reports with SEC. To the fullest extent of the law, we will not be liable to any person or entity for the quality, accuracy, completeness, reliability, or timeliness of the information provided herein, or for any direct, indirect, consequential, incidental special or punitive damages that may arise out of the use of information we provide to any person or entity (including, but not limited to, lost profits, loss of opportunities, trading losses, and damages that may result from any inaccuracy or incompleteness of this information.

Copy of pump landing page (PDF)

Disclaimer. I have no position in any stock mentioned above. I have no relationship with any parties mentioned above. This blog has a terms of use that is incorporated by reference into this post; you can find all my disclaimers and disclosures there as well.

Pump & dump Global Quest Limited $GLBB receives SEC trading suspension

This morning prior to the market open the SEC issued a trading suspension for Global Quest Limited (GLBB), which has been promoted over the last few weeks and which has risen from $1 to $5.65 to give it a market cap of $56 million market capitalization.

SEC trading suspension release (PDF)
SEC trading suspension order (PDF)

The reason given for the trading suspension (emphasis mine):

The Commission temporarily suspended trading in the securities of GLBB because of concerns regarding the accuracy and adequacy of information in the marketplace, including on Global Quest’s website, regarding the company’s business operations. This order was entered pursuant to Section 12(k) of the Securities Exchange Act of 1934 (Exchange Act).

The Commission acknowledges FINRA’s assistance in this matter.

While there may have been others promoting Global Quest, one promoter was Wall Street Giants. Here is an excerpt from their disclaimer:

This release is not without bias, and is considered a conflict of interest if compensation has been received by WSG for its dissemination. To comply with Section 17(b) of the Securities Act of 1933, WSG shall always disclose any compensation it has received, or expects to receive in the future, for the dissemination of the information found herein on behalf of one or more of the companies mentioned in this release. For current services performed WSG has been compensated one million two hundred thousand dollars for coverage of the current company (GLBB) featured by a non-affiliated third party. WSG HOLDS NO SHARES OF GLOBAL QUEST LTD (OTC: GLBB).

GLBB will resume trading on the grey market (no market makers) at the open on May 26, 2017.

Disclaimer. No position in any stocks mentioned and I have no relationship with anyone mentioned in this post. This blog has a terms of use that is incorporated by reference into this post; you can find all my disclaimers and disclosures there as well.

Broker and OTC market maker Wilson-Davis Co. fined by SEC for Reg SHO violations

In an administrative proceeding released on April 26, 2017, the SEC issued a cease and desist order (PDF) to brokerage and OTC market maker Wilson Davis (Market maker ID: WDCO) for violations of Regulation SHO and ordered the company to pay $235,714.50 in disgorgement of profits and interest thereon and a $75,000 civil penalty. But the headline of a violation of short selling regulations obscures the fact that the trading in question was related to some of the biggest pump and dumps ever perpetrated, all promoted by AwesomePennyStocks.com or related websites.

There are a few details in the order that are key. First, Wilson-Davis had two separate trading groups. From the SEC’s order linked above:

WDCO was comprised of two trading groups: a retail trading group and a proprietary trading group. The activity that is the subject of this Order pertains to WDCO’s proprietary trading group. Traders in the proprietary trading group had agreements with WDCO under which the traders were allowed to use WDCO funds for proprietary trades of securities and would split their profits with WDCO in accordance with their agreements.

Not mentioned in the order is that one of the traders was Anthony Kerrigone, who has already been sanctioned by the SEC in December 2016 (PDF). From that administrative order:

Kerrigone, a proprietary trader at WDCO, is a WDCO representative who caused WDCO’s Regulation SHO violations by executing certain short sales of securities on behalf of WDCO without WDCO being engaged in bona-fide market making activity and without WDCO obtaining a locate prior to effecting the short sales. Kerrigone improperly relied on the bona-fide market making exception for certain short sale trades without having a reasonably sufficient understanding of the rule, without sufficiently discussing with anyone at WDCO whether such trading qualified WDCO for the bona-fide market making exception, and by conducting such trading in a manner that closely resembled examples explicitly identified by the Commission— years before the conduct at issue—as activity that generally is not bona-fide market making.

Anthony Kerrigone was ordered to pay disgorgement of profits (and interest thereon) of $550,000.50 and a civil penalty of $50,000. Prior to the SEC order, Kerrigone (CRD#: 2612581) was also cited by FINRA back in November 2015. From FINRA BrokerCheck (FINRA does not allow direct linking so you have to search for Kerrigone by his name):

Initiated By FINRA
Allegations
Without admitting or denying the findings, Kerrigone consented to the sanctions and to the entry of findings that he caused his member firm to violate Rule 203(b)(1) of SEC Regulation SHO when on occasions, Kerrigone placed orders to sell short low-priced stocks through the firm’s proprietary trading account and failed to locate the securities, claiming the market marker exemption to the locate requirements. The findings stated that the market maker exemption was not available to the firm because Kerrigone was not engaging in bona-fide market marking activities in these securities. The firm generated over $158,239 in profits from these short transactions.
Resolution
Acceptance, Waiver & Consent(AWC)
Sanctions
Civil and Administrative Penalty(ies)/Fine(s)
Amount: $10,000.00
Sanctions
Suspension
Duration: six months
Start Date: 12/7/2015
End Date: 6/6/2016

Surprisingly, Kerrigone was able to get another job in the industry after that suspension and according to BrokerCheck he still holds it, working for BMA Securities, another OTC market maker (Market maker ID: BMAS).

The Pumps & Dumps

Listed in the SEC order are five examples of stocks where a trader or traders at Wilson Davis improperly sold short stocks using the market maker exemption while not acting as a bona fide market maker: Amwest Imaging (AMWI), North Springs Resources Corp (NSRS), Sunpeaks Ventures (SNPK), Great Wall Builders (GWBU), and Pristine Solutions (PRTN). AMWI was promoted in December 2011 by Crazypennystocks.com and related websites (a predecessor promoter to Awesomepennystocks). NSRS was promoted in January and February of 2012 by Crazypennystocks.com. See synopses of these and other big promotions of 2011/2012. SNPK was promoted in April 2012 by Awesomepennystocks-related websites. GWBU was promoted by Awesomepennystocks in June 2012. See also this article on GWBU manipulation. PRTN was promoted by Awesomepennystocks in September/October 2012. Infitialis wrote an excellent article on SeekingAlpha at the time alleging manipulation of PRTN.

That Infitialis article in particular does a great job of explaining some of how a trader at WDCO allegedly traded Awesomempennystocks pumps while at Wilson-Davis. From that article:

We also know that one specific broker dealer Wilson Davis & Company is continually engaged in showing abnormally large bid sizes on every single APS scam since 2010.

The most obvious question to ask is why? Why would WDCO go out of its way to display such larger orders if their true intention was to buy the shares. The obvious answer is that WDCO is not trying to buy shares they are trying to manipulate the stock while other market makers such as ATDF liquidate shares. These transactions occur simultaneously often serendipitously:

  1. APS Stock begins to decline
  2. WDCO shows up with an abnormally sized bid, stock stabilizes
  3. ATDF shows up on the offer and sells into the buying generated by WDCO.

This behavior is described in the SEC order as WDCO updating its bids for stocks but having a very high offer and then short-selling through other market makers (“While posting an offer quotation that was not at or near the best offer, WDCO executed short sales at prices that were substantially away from its posted quotation.”). Of course, that SEC order makes no mention of big bids, yet that is something that has been documented many times (most traders who traded Awesomepennystocks pumps will recall this and this is documented on numerous blogs and tweets). For example, here is a post about manipulation on GWBU that shows multiple screenshots of Wilson-Davis (WDCO) displaying huge bids. Here are screenshots of big bids by WDCO on NSRS. I have copied just two of those screenshots below in case the original website is taken down.

Note: None of this is to suggest that the firm approved of or ordered any trader to act in an unethical or illegal manner — all I know is that I have seen someone at WDCO posting large bids on many of these stocks.

Just for fun, here is WDCO showing absurdly large offers on a non-Awesomepennystocks pump (I make no commentary during the video so just mute it if you do not want to hear the music I was listening to at the time):

 

Disclaimer. No position in any stocks mentioned and I have no relationship with anyone mentioned in this post. I traded (both long and short) most if not all of the stocks mentioned in this post at the time they were promoted. This blog has a terms of use that is incorporated by reference into this post; you can find all my disclaimers and disclosures there as well.

Ciaran Thornton of BuySellShort.net fined by SEC

One of the more venerable online trading newsletters is BuySellShort.net, run by Ciaran Thornton (@buysellshort on Twitter). I’ve been aware of him for over a decade (though I never subscribed). He has 60,000 followers on Twitter (compared to my 30,000) and has written for TheStreet.com (although his last article was in 2014). He also wrote articles on SeekingAlpha.com (which have since been removed).

Evidently not content to make money running a stock trading newsletter, Ciaran Thornton was paid for positive articles that he wrote about some stocks, without disclosing that compensation. He was sued along with 26 others by the SEC last week. See the SEC’s order against Thornton (PDF). Following are quotes from that order. Thornton settled with the SEC, neither admitting nor denying the allegations.

On the basis of this Order and Respondent’s Offer, the Commission finds:

SUMMARY
Between April 2013 and February 2014, Ciaran Thornton violated the anti-fraud and antitouting provisions of the federal securities laws by publishing various communications describing issuer securities on investment websites that purported to be independent when, in fact, they were paid promotions.

Here are the SEC’s findings of fact (emphasis mine):

Between April 2013 and February 2014, Thornton published 15 articles and one blog entry on investment websites SeekingAlpha.com, Benzinga.com and SmallCapNetwork.com, using the pseudonyms Stock Investor, Itradethebios, and BuySellShort. Thornton’s publications positively described the securities of the following six issuers that were clients of Lidingo, or another stock promotion firm affiliated with Lidingo: Arch Therapeutics, Inc., Assured Pharmacy, Inc., Galena Biopharma, Inc., NeoStem, Inc. (now Caladrius Biosciences, Inc.), OncoSec Medical Incorporated, and Stevia First Corporation (now Vitality Biopharma, Inc.). Lidingo paid Thornton $600 for each publication, for a total of $9,600.

4. Thornton did not disclose that these articles were paid-for promotions or the amount of the compensation he received. Moreover, in nine articles, Thornton misrepresented that he was “not receiving compensation” for the article. These nine articles were published on Seeking Alpha’s website. Thornton falsely stated that he was not receiving compensation because, at the time, Seeking Alpha had a policy that expressly prohibited compensated articles. Thornton’s misstatements regarding his compensation were material.

5. Thornton’s articles included positive descriptions of publicly-traded stocks. Seeking Alpha held itself out as a “platform for investment research, with broad coverage of stocks, asset classes, ETFs and investment strategy” where “articles frequently move stocks, due to a large and influential readership which includes money managers, business leaders, journalists and bloggers.”

Thornton was fined as follows:

Respondent shall, within 14 days of the entry of this Order, pay disgorgement of $9,600, prejudgment interest of $858.65, and a civil monetary penalty in the amount of $20,000 to the Securities and Exchange Commission for transfer to the general fund of the United States Treasury

While this seems like a slap on the wrist, it is still nice that the SEC caught him (and other people listed in the press release that I will discuss in a following blog post). One of the most basic things you learn when blogging about stocks is that you must not lie about conflicts of interest. While it is legal (though not ethical) to receive payment to tout a stock, that payment must be disclosed. Also, if a trader writes about a stock they have a position in, they should disclose it (and failing to disclose it lead to an SEC suit if the trader is prominent enough).

Perhaps the most important lesson is one that I hope my blog readers have learned long ago: never trust other people’s analysis of stocks (no matter where you see that analysis appear) — many people lie or they may just be stupid and their analysis wrong.

 

Disclaimer. No position in any stocks mentioned and I have no relationship with anyone mentioned in this post except that I have written for SeekingAlpha in past years for which I received small compensation from SeekingAlpha based on how many people read the articles. Also, I can be seen as being something of a competitor to Ciaran Thornton as I make some money from my Profit.ly affiliate links. I also receive compensation from Tim Sykes for moderating his chatroom, etc. This blog has a terms of use that is incorporated by reference into this post; you can find all my disclaimers and disclosures there as well.

Recent SEC Trading suspensions of pump & dumps

I have been remiss in not posting much over the last months (and years!). While in 2016 I traded almost no pump and dumps because so few were successful and so few even had decent volume, 2017 has had several successful pumps and now several high-profile SEC trading suspensions of stocks in mid-pump. I look at these in reverse chronological order and then address common themes and what we can expect in the future.

Bingo Nation (BLTO)

Bingo Nation was a landing page pump: http://wallstreetblaze.com/blto/index.html (at the time I write this that page is still online). At its peak on April 11th ($3.10) it had a market capitalization of $85 million. Trading was suspended on April 12th, 2017.

Archived PDF copy of landing page

Excerpt from disclosure on landing page (emphasis mine):

The “Company” featured herein appears as paid advertising, paid by a third party to provide public awareness for (BLTO). The publisher, Wall Street Blaze, understands that in an effort to enhance public awareness of (BLTO) and its securities through the distribution of this online advertisement, Star Step Limited paid all of the costs associated with creating, and distribution of this advertisement. The publisher was paid the sum of two thousand five hundred dollars for its contributions. The marketing vendors will be managing a total budget of three hundred thousand dollars, provided by Star Step Limited for all online advertising and marketing efforts and will retain any amounts over and above the cost of production, copywriting services, mailing and other distribution expenses, as a fee for its services.

SEC trading suspension release (PDF)
SEC trading suspension order (PDF)

Reason for suspension (from above order):

concerns regarding (i) the accuracy and adequacy of publicly available information in the marketplace, including on Bingo Nation’s website and multiple third party promotional emails and articles relating to, among other things, the company’s existing capacity to generate near-term revenue provided on both Bingo Nation’s own website and, since at least March 20, 2017 through April 5, 2017, to multiple third party promotional emails and articles from different sources (at least one of which is also available on Bingo Nation’s own website); and (ii) potentially manipulative transactions in Bingo Nation’s common stock.

Bingo Nation will resume trading on April 28th on the grey market.

 

Emedia Group (EMMD)

eMedia was promoted via emails, primarily from QRC Investment Group. At its peak of $4.17 on March 24th, eMedia Group had a market cap of $83 million. Trading was suspended on April 4th, 2017 (also suspended at the same time were IMMG and EURI below).

SEC trading suspension release (PDF)
SEC trading suspension order (PDF)

Reason for suspension (from above order):

concerns regarding the accuracy and adequacy of assertions by EMMD in press releases to investors concerning the company’s assets and business operations and because of potentially manipulative transactions in EMMD’s common stock. Specifically, the company issued press releases dated February 13 and February 21, 2017 in which it described acquisitions by the company of a hotel-booking website portal and a flight- and hotel- booking mobile application.

eMedia Group will resume trading on April 19th on the grey market.

 

Immage Biotherapeutics (IMMG)

Immage Biotherapeutics (IMMG) was promoted via emails, primarily via QRC Investment Group. At its peak at $1.62 on April 3rd it had a market cap of $245 million.

SEC trading suspension release (PDF)
SEC trading suspension order (PDF)

Reason for suspension (from above order):

concerns regarding the accuracy and adequacy of information in the marketplace and potentially manipulative transactions in IMMG’s common stock

 

AgriEuro Corp (EURI)

AgriEuro Corp had been promoted via emails in February and March 2017 and it was formerly a FinestPennyStocks pump and dump at the beginning of 2016. At its peak of $0.225 on March 21st it had a market cap of $57 million.

SEC trading suspension release (PDF)
SEC trading suspension order (PDF)

Reason for suspension (from above order):

concerns regarding the accuracy and adequacy of information in the marketplace and potentially manipulative transactions in EURI’s common stock

 

George Sharp, anti-fraud pro-se legal gadfly (and former promoter himself), proposed that the reason for the suspensions of EMMD, IMMG, and EURI was that they all were connected at some point to attorney Scott Lawler. I am not convinced of that. That EMMD and IMMG were promoted by QRC Investment Group makes me think the SEC could be targeting that stock promoter. Of the suspended stocks, IMMG and EURI just received the boiler plate explanation for why they were halted. The EMMD halt order specifically mentions two of the company’s press releases and the BLTO halt order mentions the company’s revenue projections on its website. One thing is clear: the SEC is still active in fighting pump and dumps and those promoters and stocks that attract its attention have a significant risk of having trading in their shares suspended. The most prominent stock promotion is currently Zenosense (ZENO) so I think there is a decent chance it will be suspended.

 

Disclaimer. No position in any stocks mentioned and I have no relationship with anyone mentioned in this post. This blog has a terms of use that is incorporated by reference into this post; you can find all my disclaimers and disclosures there as well.

Trading in promoted stock Preston Corp $PSNP suspended by SEC

Friday morning the SEC suspended trading in Preston Corporation (PSNP) which had just been promoted by OTCMagic.com the prior evening. The reason given by the SEC:

The Commission temporarily suspended trading in the securities of PSNP because of questions regarding the adequacy and accuracy of available information about Preston Corp. in light of a false statement about the permitting status of a mine in the company’s August 10, 2016 press release and questions regarding the adequacy and accuracy of clarifications Preston Corp. provided in a September 1, 2016, press release about the mining project.

SEC trading suspension (PDF)
SEC trading suspension order (PDF)

PSNP should resume trading at the open on September 19th.

psnp

There is also an online landing page promoting PSNP at http://theprofitletter.com/psnp/index.html (PDF copy for posterity).

Disclaimer from landing page (emphasis mine):

LEGAL DISCLAIMER: Past performance does not guarantee future results. The information contained herein might contain “forward-looking” statements and/or information regarding expected growth of a public company. In accordance with the Safe Harbor provisions of the Private Securities Litigation Reform Act of 1995, the publisher notes that all information other than historical information, including statements contained herein that look forward in time, involve risks and uncertainties relating to the company’s actual results of operations. “Forward-looking” statements are based upon expectations, estimates and/or projections at the time the statements are made and involve risks that could cause actual events to differ materially from their anticipated unfolding. “Forward-looking” statements may be identified through the use of words such as expects, will, anticipates, estimates, believes, or by statements indicating certain events may, could, should, or might occur. Any statements that express or involve expectations, beliefs, predictions, plans, projections, objectives, goals or future events or performance may be “forward-looking” statements. Factors that could cause actual results to differ include, but are not limited to, the company’s ability to fund its capital requirements in the near term and the long term, the size and growth of the market for the company’s products and services, regulatory approvals, pricing pressures and other risks detailed in the company’s reports filed with the Securities and Exchange Commission. Securities investment is inherently speculative, carries a degree of risk, and may result in the loss of invested capital. The publisher has relied upon historical information and third-party sources in the evaluation of the company Preston Corporation (hereinafter “Preston”). This paid advertisement does not purport to provide a comprehensive analysis of any company’s financial position, operations, or prospects and this is not to be construed as a recommendation, offer or solicitation to buy or sell any security. All information herein is provided for entertainment purposes only and should not be relied upon when making an investment decision. The dissemination of this information might increase public awareness for Preston and thereby be considered a conflict of interest for the paying party or paying parties for this advertisement. Although the information contained within this advertisement is believed to be reliable as of the time of publication, there are no warranties as to the accuracy of any of the content herein and no advice is given as to how readers should or may choose to utilize its content. The information contained herein is based exclusively on information generally available to the public. Readers should perform their own due diligence before investing in any security, including consultation with a qualified and registered investment advisor or analyst within their residential jurisdiction. Furthermore, readers should independently verify all statements made in this advertisement and perform extensive due diligence on this or any other advertised company. The authors and/or endorsers and/or publishers of this advertisement might have received compensation for this and/or related marketing materials relating to Preston. More information can be retrieved from Preston’s corporate website. Furthermore, Preston’s financial information, filings and disclosures can be found at the Securities and Exchange Commission website at www.sec.gov, or appropriate regulatory agency in foreign countries. No one featured in this advertisement represents himself or herself to be a registered investment broker, advisor, or dealer of financial securities. This is not an offering of securities for sale. An offer to buy or sell securities can be made only with accompanying disclosure documents and only within the states and provinces wherein such an offer is acceptable for sale. This advertisement is not intended for readers in any jurisdiction where such advertising is not permissible by local regulations, and readers in those jurisdictions should therefore disregard it. Research and any due diligence was conducted by an outside researcher during the creation of this advertisement. Readers should consult with a qualified and registered investment advisor prior to investing in any securities, and they should thoroughly review the financial statements and other corporate filings about any companies in which they have an interest in investing. Many states have established rules requiring the approval of a security for sale by a state security administrator. Check with www.nasaa.org or call your state security administrator to determine whether a particular security is licensed for sale within your jurisdiction. This stock profile should be viewed as a paid advertisement. The publisher, The Profit Letter, understands that in an effort to enhance public awareness of PSNP and its securities through the distribution of this advertisement. Craigburn Corp. paid all of the costs associated with creating, printing and distribution of this advertisement. Craigburn Corp. is managing a production budget of up to three hundred thousand dollars. The publisher was paid the sum of two thousand five hundred dollars for his contributions. If successful, this advertisement will increase investor and market awareness, which may result in increased numbers of shareholders owning and trading the common stock of PSNP, increased trading volumes, and possibly increased share price of the common stock of PSNP. The publisher has not undertaken to determine if Craigburn Corp. is, or intends to be in the future, directly or indirectly, a shareholder of PSNP. The publisher may receive revenue, the amount of which cannot be determined to any degree of certainty, as a result of this advertising effort and the accompanying subscription offer. This publication is not, and should not be construed to be, an offer to sell or a solicitation of an offer to buy any security. This publication, its publisher, and its editor do not purport to provide a complete analysis of any company’s financial position. The publisher and editor are not, and do not purport to be, broker-dealers or registered investment advisors. Any investment should be made only after consulting a professional investment advisor and only after reviewing the financial statements and other pertinent corporate information about the company. Further, readers are advised to read and carefully consider the Risk Factors identified and discussed in the advertised company’s SEC filings. Investing in securities, particularly micro cap securities such as PSNP, is speculative and carries a high degree of risk. Past performance does not guarantee future results. This publication is based exclusively on information generally available to the public and does not contain any material, non-public information. The information on which it is based is believed to be reliable. Nevertheless, the publisher cannot guarantee the accuracy or completeness of the information. This publication contains forward-looking statements, including statements regarding expected continual growth of the featured company and/or industry. The publisher notes that statements contained herein that look forward in time, which include everything other than historical information, involve risks and uncertainties that may affect the company’s actual results of operations. Factors that could cause actual results to differ include the size and growth of the market for the company’s products and services, the ultimate degree of success in the company’s business strategy rollout, the company’s ability to fund its capital requirements in the near term and long term, pricing pressures, etc.

Disclaimer. I have no position in any stock mentioned above. I have no relationship with any parties mentioned above. This blog has a terms of use that is incorporated by reference into this post; you can find all my disclaimers and disclosures there as well.