These just in, not much original going on, D- Doggerel

Re: StockGate: Take Your Subpoena, Linda Thomsen, And Park It – We’re All Journalists Here

By Joesixpack on 2/28/2006 7:19 PM

Essary and Investrend promot Donald Balgerion and Henrey Weingarten both securities violators. Henrey had the misfortune of not disclosing to his flock that he was given shares of Wamex Holdings and was touting the stock. Here is the story on Donald. Cheers TV host got your goat? Baillargeon's "MoneyTV" was a strange choice for Anselmo, given that Baillargeon was one of two officers sued by the SEC in a multi-million dollar micro-cap fraud case. The SEC charged Peter Norman and Baillargeon touted a company called "Alliance" on the Internet and used Alliance's website to make materially false representations about businesses in which various Alliance subsidiaries were supposedly engaged, including the cultivation and sale of fast-growing "paulownia" hardwood trees, the breeding and selling of live goats and goat carcasses, and the development of a nationwide chain of chiropractic clinics. The complaint alleged that, contrary to the representations, Alliance owned no paulownia-tree technology or plantations, did not own or operate a goat business, and was not developing a chain of chiropractic clinics. Nonetheless, according to the complaint, Norman and Baillargeon projected that Alliance's various businesses would generate $4.8 billion over a projected ten-year period and that the paulownia-tree business alone would bring Alliance more than $l billion in annual revenue by 2006. The SEC charged the pair carried out a wide-ranging manipulation of Alliance's stock from January to November 1996, causing investors to lose millions of dollars. Baillargeon submitted to a final judgment in the case in January of 2002. The agreement permanently restrained and enjoined him from engaging in fraudulent activities and required him to pay a $10,000 fine. In addition, the court ordered Baillargeon to cooperate with the SEC in its further inquiries into the case, including testifying in all its investigations and judicial proceedings. Last month, co-defendant Peter H. Norman was found liable for $2.2 million dollars including a $110,000 civil penalty. An SEC attorney familiar with the case labeled Baillargeon a "fraudster." "That's what we call repeat fraud offenders," he said. "It's amazing. And that TV show has had so many names." "MoneyTV" is described as a weekly syndicated financial TV show. It is part of Emerging Company Report, a promotional service used by Silverado in the past. As WND previously reported, the SEC instituted public cease and desist proceedings against DONALD A. Baillargeon, individually and doing business as Emerging Company Report in 1998, for failure to disclose that ECR had received compensation and stock for promoting securities. Baillargeon received, directly or indirectly, compensation ranging from $2,500 to $17,000 for each guest appearance package sold and did not disclose the amount of money he had received from the issuers to publicize their companies and stock. Baillargeon subsequently submitted an offer of settlement, which the Commission accepted. The SEC reported, "Without admitting or denying the findings herein, Baillargeon has consented to the entry of this Order Instituting Public Proceedings … and to the imposition of the cease-and-desist order." That case was part of the SEC's first Internet securities fraud sweep. WND recently has learned that the SEC has launched a major new investigation of Internet stock promoters. The investigation has been launched from its San Francisco Pacific Regional office.

------

Re: StockGate: Take Your Subpoena, Linda Thomsen, And Park It – We’re All Journalists Here By JOESIXPACK on 2/28/2006 7:37 PM DELETE gAYLE. sHOW YOUR CENTURESHIP AND YOUR TRUE STRIPS

Re: StockGate: Take Your Subpoena, Linda Thomsen, And Park It – We’re All Journalists Here By JOESIXPACK on 2/28/2006 7:39 PM UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION Investment Advisers Act Release No. 2019 / March 19, 2002 Administrative Proceeding File No. 3-10728 -------------------------------------------------------------------------------- In the Matter of HENRY WEINGARTEN, Respondent. -------------------------------------------------------------------------------- : : : : : : : ORDER INSTITUTING PROCEEDINGS PURSUANT TO SECTION 203(f) OF THE INVESTMENT ADVISERS ACT OF 1940, MAKING FINDINGS AND IMPOSING REMEDIAL SANCTIONS I. The Securities and Exchange Commission ("Commission") deems it appropriate and in the public interest that public administrative proceedings be, and hereby are, instituted against Respondent Henry Weingarten, pursuant to Section 203(f) of the Investment Advisers Act of 1940 ("Advisers Act"). II. In anticipation of the institution of these proceedings, Weingarten has submitted an Offer of Settlement, which the Commission has determined to accept. Solely for the purposes of these proceedings and any other proceedings brought by or on behalf of the Commission or in which the Commission is a party, and without admitting or denying the findings contained herein, except that Respondent admits that a Final Judgment of Permanent Injunction and Other Relief as to Henry Weingarten has been entered against him as set forth in Paragraph III.D., and that the Commission has jurisdiction over him and over the subject matter of these proceedings, Weingarten consents to the entry of this Order Instituting Proceedings Pursuant to Section 203(f) of the Investment Advisors Act of 1940, Making Findings and Imposing Remedial Sanctions ("Order"). The Commission has determined that it is appropriate to accept Weingarten's Offer of Settlement and accordingly is issuing this Order. III. FINDINGS Based on the foregoing, the Commission finds that1: A. Respondent Henry Weingarten, age 54, resides in New York City. During the relevant time, he was an investment adviser and a self-described "financial astrologer." He currently is registered as an investment adviser with the state of New York. Weingarten owns and operates the Astrologers Fund Inc., and its Internet stock picking website, Afund.com. Weingarten is an Investment Adviser under Section 202(a)(11) of the Advisers Act, because he engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities for compensation. During the relevant time, Weingarten served as an investment adviser to clients who followed his "financial astrology" formula for investing. In January 2000, Weingarten managed between $2 and $3 million for seven clients. Weingarten had full discretion to execute trades for five clients, and he made recommendations for two custodial clients. B. Carib Securities, Ltd. ("Carib") is a Turks & Caicos Islands-based entity, which is in the business of stock promotion. Edward A. Durante operated Carib, using the alias Ed Simmons. In 1999, Carib contracted to raise U.N. Dollars Corporation's stock price and daily trading volume. C. U.N. Dollars Corp. ("UNDR") is located in Jacksonville, Florida, and during the relevant time period was a non-reporting publicly-traded company quoted on the OTC Bulletin Board. UNDR was removed from the OTC Bulletin Board in March 2000 following a trading suspension. D. On October 11, 2001, the Commission filed a complaint against Weingarten and others, styled Securities and Exchange Commission v. U.N. Dollars Corp., et al., Case No. 01-CV-9059 (S.D.N.Y.). On February 1, 2002, Weingarten consented to the entry of a Final Judgment of Permanent Injunction and Other Relief as to Henry Weingarten ("Final Judgment"), without admitting or denying the allegations in the complaint, except as to jurisdiction, which he admitted. On March 5, 2002, the United States District Court for the Southern District of New York entered the Final Judgment, which (1) permanently enjoined Weingarten from violating Section 17(b) of the Securities Act of 1933 ("Securities Act") and Sections 206(1) and 206(2) of the Advisers Act, and (2) ordered him to pay a $15,000 civil penalty pursuant to Section 20(d) of the Securities Act and Section 209(e) of the Advisers Act. E. The Commission's complaint in SEC v. U.N. Dollars Corp., et al. alleges, among other things, that in December 1999, Weingarten was approached by Carib, through its principal, Edward A. Durante, to provide services to UNDR. On or about January 12, 2000, Weingarten signed a contract that called for him to provide "financial astrological services" to U.N. Dollars Corp. and to include a banner advertisement for UNDR on the Astrologers Fund Internet website, Afund.com, in return for 250,000 "free trading" shares of U.N. Dollars Corp. On the same day, Weingarten received 250,000 shares of UNDR common stock in his personal brokerage account by electronic transfer from an account controlled by Durante. On or about January 17, 2000, Weingarten profiled UNDR in his "Astrologers Fund" subscriber newsletter, "Wall Street Next Week," under the headline "Will UNDR become a new age JP Morgan?" Weingarten wrote that he was continuing his due diligence, but established a $1.00 target price for the stock. On the previous trading day, January 14, 2000, UNDR closed at $0.08. The newsletter was e-mailed or faxed to approximately 200 paying subscribers. A few days later, the newsletter's content was available for free on the Afund.com website. On or about February 25, 2000, when UNDR was trading near $1.00, Weingarten raised his 2001 target price prediction for UNDR to $4.00. The $4.00 price target was listed on a page of the Afund.com website, titled "Astrologers Fund, Inc. Afund 2000 Client Emerging Growth Portfolio." According to the complaint, although Weingarten disclosed on his website that UNDR was a client, he never disclosed the receipt of the UNDR shares or the amount of compensation he received to promote UNDR. F. The Commission's complaint further alleges that during 2000, Weingarten was an investment adviser who managed investment accounts for seven clients. During January and February 2000, after he received the 250,000 UNDR shares, Weingarten purchased between 22,000 and 50,000 U.N. Dollars shares in each account under his management. He invested approximately $75,000 of client funds in UNDR, and purchased 253,000 shares in their accounts. According to the complaint, although Weingarten disclosed on his website that UNDR was a client, he never disclosed his conflict of interest to the beneficial owners of the accounts he managed, and he did not disclose that he was paid 250,000 shares of UNDR stock. IV. ORDER Based on the foregoing, the Commission deems it appropriate and in the public interest to accept the Offer of Settlement submitted by Weingarten and accordingly, pursuant to Section 203(f) of the Advisers Act, IT IS HEREBY ORDERED that: A. Weingarten be and hereby is censured; and B. Weingarten shall comply with the following undertakings: (1) Weingarten shall mail a copy of this Order, together with a cover letter, in a form acceptable to the staff of the Commission, to each of his existing investment advisory clients by certified mail, return receipt requested, within 30 days from the effective date of this Order; (2) From the effective date of this Order until the expiration of 12 months, Weingarten shall provide a copy of this Order to all prospective investment advisory clients not less than 48 hours prior to entering into any written or oral investment advisory contract; and (3) In connection with parts (1) and (2) above, within 30 days from the date of this Order, Weingarten shall execute and deliver to Scott W. Friestad, Assistant Director, Division of Enforcement, U.S. Securities and Exchange Commission, 450 Fifth St., N.W., Washington, D.C. 20549-0708, an affidavit that he has provided this Order to his existing clients in accordance with this Order's terms. Within 13 months from the date of this Order, Weingarten shall execute and deliver to Scott W. Friestad an affidavit that he has provided this Order to his prospective investment advisory clients in accordance with this Order's terms. By the Commission. Jonathan G. Katz Secretary Footnote 1 The findings herein are made pursuant to Weingarten's Offer of Settlement and are not binding on any other person or entity in this or any other proceeding. http://www.sec.gov/litigation/admin/ia-2019.htm -------------------------------------------------------------------------------- Home | Previous Page Modified: 03/20/2002