Use of
Stock Forums and Chat Sites________________________________________
Every
security we can think of gets commented on in stock chat sites.
Rarely if ever is the position or bias of the person posting a
comment on the stock revealed.
If
the person doing the commenting is receiving remuneration for the
comment, they would be violating 17(b) not to reveal the fact,
source, and the amount and type of the consideration.
It
seems obvious to us that many, probably most, of the posters on these
sites are actually paid shills with no personal interest in the
stock. Why do we surmise this? At least as to those making negative
comments, if they were bona fide holders of the stock, they would
presumably sell and go away. Yet most of them continue making
negative remarks for years, often with wild accusations without any
proof. Who else but a paid shill would have an incentive to do this?
While
it is less easy to deduce, we presume that the longs also hire shills
to post favorable remarks.
There
are reports out there of college students being paid per post to make
comments.
Now
this conduct is so prevalent and so seldom hit by the regulators that
some presume it is exempt from 17(b).
This
is not the case. The SEC in the past has brought cases against people
posting comments on stock chat sites for violating 17(b).
For
examples of 17(b) violations in stock chat sites, see below under The
1998 SEC Crack Down, and In the Matter of John Black. As you
will see, 17(b) does apply to stock forums.
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