FOR IMMEDIATE RELEASE 2000-16 SEC Charges Two People With Internet Stock Manipulation Scheme Spams Implied that America Online Had Issued or Endorsed the Recommendations Denver, CO, February 24, 2000 -- The Securities and Exchange Commission today filed civil fraud charges in U.S. District Court against two people for manipulating the stock price of 57 thinly- traded companies through the issuance of numerous unsolicited e- mail messages, known as "spams." The Commission alleges that James Sheret, Jr., of Bayside, New York, and Glenn E. Conley, of Portland, Oregon, prepared the spams, under the banner "AOL Investment Snapshot," thus making it appear that the spams emanated from or were endorsed by America Online, Inc. The complaint further alleges that Sheret and Conley sold their personal holdings in the stocks immediately after sending the spams, realizing substantial profits. The defendants are contesting the charges. The U.S. Attorney for the Southern District of New York today also filed a criminal complaint alleging that these two individuals conspired to and committed securities fraud. SEC Director of Enforcement Richard H. Walker said, "We welcome the involvement of the criminal authorities in this case. The crack-down on Internet fraud continues. With the use of spams on the rise, this case sends a strong message to investors that unsolicited recommendations should be viewed with a wary eye." SEC Associate Regional Director Donald M. Hoerl said, "Some people may believe that the Internet provides anonymity, but this case demonstrates that those who commit fraud in cyberspace leave footprints behind." The complaint also alleges that in some instances the spams gave the impression that the actual recipient had mistakenly received a message meant for a friend of the sender. Further, the spams stated that the stock prices of the touted companies had recently increased without disclosing that, in a number of instances, the price increases were due largely to Sheret's and Conley's stock purchases before the spams were sent. These false and misleading statements were allegedly intended to induce buying in the stocks and raise their prices. Indeed, the scheme had this effect, allowing Sheret and Conley to sell their holdings into an artificially inflated market. The complaint alleges that Sheret and Conley have made profits of at least $309,705 and $21,990 through individual trading, respectively, and another $7,627 through trading in a joint account. The complaint, filed in the U.S. District Court for the Southern District of New York, seeks permanent injunctions, disgorgement, and civil penalties. The action also seeks an order that temporarily restrains Sheret and Conley from violating the federal securities laws and that freezes their assets. The Commission thanks the U.S. Attorney for the Southern District of New York for working closely with it on this matter. The Commission also appreciates the assistance of America Online, Inc. in this matter. Contacts: Donald M. Hoerl Associate Regional Director Central Regional Office 303.844.1060 Katherine S. Addleman Assistant Regional Director Central Regional Office 303.844.1070 Michael R. MacPhail Deputy Assistant Regional Director Central Regional Office 303.844.1113 # # #