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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
STOCK SECURITIES MANIPULATIONS INTERNET PRICE MARKET JESSE DISTRICT PANEL EXCHANGE COMMISSION DISTRICT COURT BRITISH COLUMBIA BULLETIN BOARD E-MAILS SHARES NORTHERN DISTRICT ILLINOIS CANADIAN TRADING ENGAGING VIOLATING BCSECCOM BCSC SCHEME SPAM POSTINGS SURGE TRADES MISREPRESENTATIONS RSBC |
SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17769 / October 7, 2002
SEC v. JESSE HOGAN, U.S. District Court for the Northern District of
Illinois, Civ. Action No. 00C 5637 (N.D. Ill. September 14, 2000)
The Securities and Exchange Commission ("Commission") announced today
that on September 20, 2002, a panel of the British Columbia Securities
Commission ("BCSC") ordered Jesse Hogan, a Canadian citizen who
resides in British Columbia, to pay an administrative penalty of
$25,000 and banned him from trading in or purchasing any security and
engaging in investor relations for 10 years. The Order was based on
the previous findings of the panel that Hogan violated Canadian
securities laws through five Internet "pump and dump" stock price
manipulations in July and August of 2000. See Re Jesse J. Hogan 2002
BCSECCOM 811; Re Jesse J. Hogan 2002 BCSECCCOM 537. The panel also
authorized the staff of the BCSC to apply to the British Columbia
Supreme Court for an order disgorging $41,752 (U.S.) in total profits
Hogan derived from the scheme. Previously, on January 15, 2002, the
U.S. District Court for the Northern District of Illinois had
permanently enjoined Hogan from violating Section 10(b) of the
Securities Exchange Act of 1934 and Rule 10b-5 thereunder as a result
of his conduct in the stock price manipulations.
According to the Commission's complaint, Hogan used the same technique
for each stock manipulation. First, Hogan accumulated a substantial
position in the stock of a company quoted on the NASDAQ OTC Bulletin
Board. Hogan then, after the close of the market and through the
opening of the market the following trading day, used alias screen
names to post hundreds of messages about the targeted Bulletin Board
company on Internet message boards and sent numerous e-mails with the
identical message. The spam postings and e-mails falsely claimed that
a well-known "blue chip" company would soon acquire the outstanding
stock of the targeted company at a substantial premium over its
current market price. The spam postings and e-mails prompted a surge
in the price and volume of the targeted company's stock. Hogan then
liquidated his position, selling into the buying surge he created.
Based on this conduct, the BCSC panel found that "(1) Hogan, with the
intention of effecting trades in the companies' shares, made
statements that he knew were misrepresentations, contrary to section
50(1)(d) of the , RSBC 1996, c. 418; (2) Hogan manipulated the market
by engaging in a series of transactions relating to trades in and
acquisition of the companies' shares that he knew would result in
artificial prices for the shares, contrary to section 57.1(a) of the ,
RSBC 1996, c. 418; and (3) Hogan's misrepresentations and market
manipulations seriously impaired the integrity of the capital markets
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