U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16671 / August 31, 2000
SECURITIES AND EXCHANGE COMMISSION v. MARK S. JAKOB, Civil Action No.
EDCV-00-687 VAP (Mcx) (C.D. Cal.)
The Securities and Exchange Commission ("Commission") announced that
on August 31, 2000, it filed a complaint against Mark S. Jakob
("Jakob") of El Segundo, California, for perpetrating an Internet hoax
six days earlier. As a result of Jakob's scheme, in just 16 minutes, a
Southern California high-tech company temporarily lost $2.2 billion in
market value and investors suffered millions of dollars of trading
losses. The Commission's complaint and documents filed in support of
emergency relief allege
* Jakob, age 23, until recently was an employee of Internet Wire,
Inc., a press release distribution company, and a student at El
Camino Community College.
* On August 17 and 18, 2000, Jakob, expecting a decline in Emulex's
stock price, sold short 3,000 Emulex shares at an average price of
$80 per share. By August 24, 2000, however, Emulex stock had risen
to over $113 per share, resulting in Jakob's having unrealized
losses of over $97,000.
* On the evening of August 24, 2000, Jakob, using an alias and
purporting to act on Emulex's behalf, used a personal computer at
El Camino Community College to send an e-mail instructing Internet
Wire to issue an attached press release for Emulex.
* As instructed, on August 25, 2000, at 9 30 am EDT, Internet Wire
issued what purported to be an Emulex press release. The release
stated that the Commission was investigating Emulex's accounting
practices, that its CEO had resigned, and that it would revise its
earnings to report a loss instead of a profit. The release was a
complete hoax--Emulex did not issue, or authorize the issuance of,
the release and all of the statements in the release were false.
* The false press release's effect on the market was swift and
dramatic. At 10 13 am EDT, a news service issued a headline
containing information from the false release. In the next 16
minutes, 2.3 million Emulex shares traded, and the price plummeted
almost $61, resulting in Emulex's losing $2.2 in market
capitalization. At 10 29 am EDT, NASDAQ halted trading after
learning from Emulex that the release was false. Emulex resumed
trading later that day after the hoax was discovered, and the
price rebounded to close at $105.75.
* On August 25, 2000, after the issuance of the false press release
and just before the trading halt, Jakob covered his short
position, realizing a profit of over $54,000. Minutes later, Jakob
purchased 3,500 shares, which he sold on August 28, 2000, at a
profit of over $186,000. In total, Jakob's profit from this hoax
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION v. MARK S. JAKOB, Civil Action No. EDCV-00-687 VAP (C.D.
The Securities and Exchange Commission announced that on August 31, 2000, it filed a
As a result of Jakob's scheme, in just 16 minutes, a Southern California high-tech company
The Commission's complaint and documents filed in support of emergency relief allege * Jakob,
* On August 17 and 18, 2000, Jakob, expecting a decline in Emulex's stock price, sold short
By August 24, 2000, however, Emulex stock had risen to over $113 per share, resulting in
* On the evening of August 24, 2000, Jakob, using an alias and purporting to act on Emulex's
The release stated that the Commission was investigating Emulex's accounting practices, that
The release was a complete hoax--Emulex did not issue, or authorize the issuance of, the
In the next 16 minutes, 2.3 million Emulex shares traded, and the price plummeted almost $61,
Emulex resumed trading later that day after the hoax was discovered, and the price rebounded
The Commission's complaint charges that Jakob's scheme violated the antifraud provisions of
The Commission is seeking a temporary restraining order, preliminary injunction and permanent
Jakob was arrested by agents from the Federal Bureau of Investigation's Los Angeles field
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