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SEC v SCOTT SIMON FRASER Click to find out why . . .



Keywords & Phrases
CaseNo: 34-48544, Defendant: Scott Simon Fraser, Plaintiff: SEC, UniqueCaseRef: SEC>34-48544, Fraser, Subscribers, Newsletter, Recommendations, Investment, Stock, Exchange Act, Commission, Materials, Securities, Cease-and-desist Proceedings, Misleading Statements, Success, Respondent, Instituting, Prospective Subscribers, E-mails, Price, Past Investment Performance, Purchase, Thereunder, Violations, Scienter, Making Findings, Settlement, Representing, Trading, Publisher, Disseminates, Investment Advice , ContentID: 120255610

Case Documents
1 2003-09-25 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 132900
4 pages
HTML
Total Documents: 1 document , 4 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
SUBSCRIBERS
NEWSLETTER
RECOMMENDATIONS
INVESTMENT
STOCK
EXCHANGE ACT
COMMISSION
MATERIALS
SECURITIES
CEASE-AND-DESIST PROCEEDINGS
MISLEADING STATEMENTS
SUCCESS
RESPONDENT
INSTITUTING
PROSPECTIVE SUBSCRIBERS
E-MAILS
PRICE
PAST INVESTMENT PERFORMANCE
PURCHASE
THEREUNDER
VIOLATIONS
SCIENTER
MAKING FINDINGS
SETTLEMENT
REPRESENTING
TRADING
PUBLISHER
DISSEMINATES
INVESTMENT ADVICE
United States of America
before the
Securities and Exchange Commission

Securities Exchange Act of 1934
Release No. 48544 / September 25, 2003

Administrative Proceeding
File No. 3-11271
     _________________________________________________________________

   In the Matter of

   SCOTT SIMON FRASER,

   Respondent.
     _________________________________________________________________

   ORDER INSTITUTING CEASE-AND-DESIST PROCEEDINGS, MAKING FINDINGS AND
   IMPOSING A CEASE-AND-DESIST ORDER

I.

   The Securities and Exchange Commission ("Commission") deems it
   appropriate that cease-and-desist proceedings be, and hereby are,
   instituted pursuant to Section 21C of the Securities Exchange Act of
   1934 ("Exchange Act") against Scott Simon Fraser ("Fraser").

II.

   In anticipation of the institution of these proceedings, Fraser has
   submitted an Offer of Settlement (the "Offer"), which the Commission
   has determined to accept. Solely for the purpose of these proceedings
   and any other proceedings brought by or on behalf of the Commission,
   or to which the Commission is a party, and without admitting or
   denying the findings herein, except as to the Commission's
   jurisdiction over him and the subject matter of these proceedings,
   Fraser consents to the entry of this Order Instituting
   Cease-and-Desist Proceedings, Making Findings and Imposing A
   Cease-And-Desist Order ("Order"), as set forth below.

III.

   On the basis of this Order and Fraser's Offer of Settlement, the
   Commission finds that

Respondent

SNIPPETS:
  • Securities and Exchange Commission
  • Respondent.
  • ORDER INSTITUTING CEASE-AND-DESIST PROCEEDINGS, MAKING FINDINGS AND IMPOSING A
  • The Securities and Exchange Commission deems it appropriate that cease-and-desist proceedings
  • In anticipation of the institution of these proceedings, Fraser has submitted an Offer of
  • On May 8, 1995, without admitting or denying liability, Fraser consented to a NYSE censure
  • During all relevant times, Fraser operated the Newsletter as its sole writer, analyst, editor
  • Fraser disseminates the Newsletter through the mails and the Internet website
  • Fraser provides impersonal investment advice, directed to all of the subscribers to the
  • Fraser offers stock and option recommendations to subscribers in return for fees ranging from
  • Between August 2001 and November 2001, Fraser wrote and disseminated five materially false
  • The trading volume and price of certain securities that Fraser recommended increased
  • For example, on August 27, 2001, Fraser sent an e-mail to prospective subscribers
  • Within 48 hours of his recommendation, the stock's price rose from a closing price of $2.77
  • Fraser made false and misleading statements concerning the purported returns of his past
  • Fraser also made a false and misleading statement regarding the investment success of the
  • Section 10of the Exchange Act and Rule 10b-5 thereunder prohibit material misrepresentations
  • Fraser's misrepresentations concerning the past investment performance of the stocks he
  • Scienter is also a required element of a violation of Section 10of the Exchange Act and Rule
  • According, IT IS HEREBY ORDERED, pursuant to Section 21C of the Exchange Act that Respondent
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