UNITED STATES SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 16495 \ March 31, 2000
SEC v. Thomas E. Loyd, individually, and d/b/a Loyd Financial
Consulting. CA-00-CV-1085, USDC, SD/TX (Houston Division)
On March 29, 2000, the Securities and Exchange Commission filed a
Complaint in the United States District Court for the Southern
District of Texas alleging that Thomas E. Loyd, individually, and
d/b/a Loyd Financial Consulting, engaged in a stock touting and
scalping scheme through the dissemination of his investment
newsletter, Investors' Alert. The Complaint alleges that on 14
separate occasions between April 1999 and October 1999, Loyd published
"strong buy" recommendations in Investors' Alert for the securities of
seven microcap companies. In addition to his subscribers, the
Complaint alleges that Loyd sent certain of his recommendations to
millions of potential investors through unsolicited Internet e-mails,
commonly known as "spams." With respect to almost every stock touted
by the defendant, the Complaint alleges that (1) the volume and/or
price increased sharply, sometimes by as much as 160%, shortly after
the defendant's "strong buy" recommendation; and (2) the defendant
took advantage of the market interest he created by selling into the
inflated market large amounts of stock he had received in
consideration for his promotional services. According to the
Complaint, Loyd realized profits of $168,000 from sales of these
securities and subscription fees from his subscribers. Moreover, the
Compliant alleges that Loyd failed to disclose that in many instances
he had, directly or indirectly, received tens of thousands of shares
of stock from the recommended companies in consideration for featuring
the companies in Investors' Alert. Lastly, the Complaint alleges that
Loyd failed to advise his subscribers and readers that he intended to
sell the stock in contravention of his buy recommendations - a
fraudulent practice known as "scalping."
Simultaneous with the filing of the Complaint, Loyd consented, without
admitting or denying the allegations of the Complaint, to the entry of
a final judgment permanently enjoining him from violations of Section
17(b) of the Securities Act of 1933, Section 10(b) of the Securities
Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 206(1)
and 206(2) of the Investment Advisers Act of 1940. Loyd also agreed to
pay disgorgement and pre-judgment interest of $172,093, and a $50,000
civil penalty.
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Modified 04/03/2000
SNIPPETS:
SEC v. Thomas E. Loyd, individually, and d/b/a Loyd Financial Consulting.
On March 29, 2000, the Securities and Exchange Commission filed a Complaint in the United
District of Texas alleging that Thomas E. Loyd, individually, and d/b/a Loyd Financial
The Complaint alleges that on 14 separate occasions between April 1999 and October 1999, Loyd
With respect to almost every stock touted by the defendant, the Complaint alleges that the
According to the Complaint, Loyd realized profits of $168,000 from sales of these securities
Simultaneous with the filing of the Complaint, Loyd consented, without admitting or denying
Loyd also agreed to pay disgorgement and pre-judgment interest of $172,093, and a $50,000
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