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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
BPS SUBSCRIBERS COMPLAINT RECOMMENDATIONS TRADING COMPLAINT ALLEGES TRADES ACCORDING SECURITIES EXCHANGE COMMISSION JOHN DISTRICT COURT POTENTIAL SUBSCRIBERS STOCK JOCK CIVIL WEBSITE STAFF PROFESSIONAL TRADERS PROFITS LIVE TRADING ROOM MARKET PERFORMANCE CLAIMS MARKET HISTORY POSITIVE TRACK RECORD CLAIMED TRADES PRICES RELEVANT PERIOD THOMAS SIKORA |
SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17147 / September 21, 2001
SEC v. BigPlayStocks.com, Inc. and John R. Luers, U.S. District Court
for the Eastern District of Wisconsin, Civil Action No. 01-CV-949
(E.D. Wis.)
The U.S. Securities and Exchange Commission ("Commission") announced
today that it filed an action in a federal district court charging
BigPlayStocks.com, Inc. ("BPS") and its president John R. Luers
("Luers") with violations of Section 10(b) of the Securities Exchange
Act of 1934 and Rule 10b-5 thereunder. The Commission is seeking
permanent injunctive relief against Luers and BPS, and civil penalties
against Luers.
The Commission's complaint alleges that Luers and BPS have provided
false and misleading information to subscribers and potential
subscribers to the internet website, www.BigPlayStocks.com. The
sports-themed website is operated by BPS and Luers, who bills himself
"the Stock Jock." Through the site, Luers and BPS provide paid
subscribers with stock-trading recommendations supposedly produced by
a staff of multiple professional traders. Luers and BPS represent to
subscribers and potential subscribers that these recommendations have
been highly successful, and that Luers frequently makes and profits
from the recommended trades. For over a year, the site also featured a
"live trading room," where, according to Luers and BPS, subscribers
could watch the Stock Jock in "real time" as he made profitable stock
trades.
The Commission's complaint alleges that there is no staff of
professional traders and that Luers alone produces the trading
recommendations and operates the site. According to the complaint,
Luers usually does not trade in accordance with his advice, and his
personal trading record does not support the performance claims he and
BPS make. Also according to the complaint, most of the trading
activity depicted in the "live trading room" and elsewhere on the site
is hypothetical, a fact that Luers and BPS do not reveal to
subscribers and potential subscribers. The complaint further alleges
that Luers and BPS mischaracterize market history and other
information to present a positive track record for their
recommendations. In particular, the complaint alleges that Luers and
BPS have claimed trades at prices that never existed in the market
during the relevant period.
For further information contact Thomas J. Eme at (312) 353-1475 or
John J. Sikora at (312) 353-7418.
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