March 25, 2001
Jonathan Lebed's Extracurricular Activities
Michael Lewis's article (Feb.
25) obscures a simple fact: what Jonathan Lebed did was illegal. Lebed
published baseless ''recommendations'' with respect to thinly traded
securities. His objective in making these recommendations was to cause the
stock prices to rise so he could personally profit.
This type of stock fraud is hardly victimless. When a stock price rose
from $1.38 to $4.69 on the strength of his false recommendations, then
fell to $1.88 after his manipulation stopped, there were winners and
losers.
Lebed, through his fraudulent conduct, ensured that he was among the
''winners'' who bought at low prices and sold at inflated high prices.
Many others, who purchased at the height of the manipulation, lost money
when the stock price collapsed.
Lewis seems persuaded by Lebed's ''everybody does this'' defense,
likening Lebed's conduct to that of Wall Street analysts. Nothing could be
further from the truth. Analysts do not, as Lebed did, seek to conceal
their identities. On the contrary, analysts attach their names, and their
firm's names, to their recommendations. Consequently, if analysts'
predictions prove unreliable, their reputations suffer. Were an analyst to
do what Lebed did -- make baseless recommendations containing
unsubstantiated price predictions in hopes of raising the stock price, or
encourage investors to buy when the analyst was selling -- the analyst
would violate the law as well.
No one seriously disputes that Lebed committed securities fraud. His
young age is the only interesting footnote in an otherwise unremarkable
fraudulent scheme.
I note that these are my views and are not meant to reflect the views
of the commission or its staff.
Paul R. Carey Commissioner,
Securities and Exchange Commission Washington
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