U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 20520 / April 7, 2008
Securities and Exchange Commission v. One or More
Unknown Traders in the Common Stock of Certain Issuers a/k/a
AWE Trading, Inc. and Andrew Andersen, 08-CV-1402-
DEARIE/AZRACK (E.D.N.Y. April 7, 2008)
The Securities and Exchange Commission today filed a
complaint in the federal district court in the Eastern
District of New York against one or more unknown traders who
carried out a sophisticated Internet scheme that stole the
identities of unsuspecting individuals and netted more than
$66,000 in illicit profits in just seven weeks. According to
the Commission's complaint, the defendants conducted their
entire online account intrusion scheme over the Internet and
concealed their identities by, among other things,
fraudulently opening brokerage accounts in the names of
individuals who responded to a job advertisement on the
Website Craig's List.
According to the Commission's complaint, beginning in
February 2007, the unknown traders posted an advertisement
on Craig's List for a job with a fictitious Latvian
brokerage firm, AWE Trading, Inc. Individuals who responded
to the advertisement provided their personal information,
including social security numbers and dates of birth to AWE
via the Internet for purported company background checks.
The complaint further alleges the unknown traders actually
used the personal information they collected from the
individuals to open securities trading accounts online with
Interactive Brokers LLC without the individuals' knowledge.
The Commission's complaint further alleges that, on
multiple occasions between March 8 and April 24, 2007, the
unknown traders gained unauthorized, online access to
accounts held by customers of various retail brokerage
firms. They purchased and sold at least 18 securities listed
on the New York Stock Exchange and NASDAQ. The unknown
traders simultaneously bought and sold the same securities
in the accounts they opened fraudulently, profiting from the
change in trading volume and stock prices generated by the
unauthorized transactions.
The Commission's complaint charges the unknown trader
defendants with violating Section 17(a) of the Securities
Act of 1933 and Section 10(b) and Rule 10b-5 of the
Securities Exchange Act of 1934 by engaging in the complex
securities account intrusion scheme. The complaint also
seeks a final judgment permanently enjoining the unknown
traders from further violations of the securities laws and
ordering them to repatriate assets of the fraudulent scheme
they hold outside the U.S., to disgorge their ill-gotten
gains, and to pay civil money penalties. The Commission's
complaint identifies Interactive Brokers, which fully
cooperated in the staff's investigation, as a relief
defendant because it currently holds cash and securities
related to the scheme. In April 2007, Interactive Brokers
detected suspicious trading in the involved accounts,
suspended activity and froze the funds in the account.
SEC Complaint in this matter