1. 'Operation Shell Expel' Halts Trading For 379 Micro Shells

In an unprecedented move, the Securities and Exchange Commission has stopped trading for 379 dormant microcap shell companies that were in danger of being hijacked and used to defraud investors with illegal pump-and-dump operations. The agency announced the trading suspensions as part of “Operation Shell-Expel,” conducted by its Microcap Fraud Working Group. There are hundreds of dormant shell companies out there, and fraudsters have been known to pay up to $750,000 to take one over, buy the stock themselves to drive up market activity, falsely tout the company's successes, and then dump their shares on unsuspecting investors when prices rise. The SEC can legally suspend trading in any stock for up to 10 days; after that, the stock cannot be sold again until the company files updated information. This trading suspension dwarfs the last one in September 2005, when 39 companies were affected. “Empty shell companies are to stock manipulators and pump-and-dump schemers what guns are to bank robbers,” said Robert Khuzami, the SEC's enforcement director.

2. 'I'm So Ashamed,' Crook Tells A Federal Judge At Sentencing

Some guys never learn. After previously serving 15 months in prison for fraud, El Paso, Texas resident Scott Yermish has now been sentenced to 6 ½ years in another case, the San Antonio Express-News reported. This time, the 46-year-old Yermish had pleaded guilty to bilking investors out of $2.3 million, all the while calling himself “Scott Lindeman,” and claiming to be with a Connecticut firm called Interactive Brokers. But the only thing interactive that went on was theft, prosecutors said. Now, Yermish has also been ordered to make $2.3 million in restitution. “I'm so ashamed,” the Express-News quoted him as telling the sentencing judge. “I can't even look at some of these people in the eye.”

3. Key Player In CO2 Tech Gets 20 Years For Pump-And-Dump

Jonathan Curshen, a key player in the 2007 pump-and-dump of CO2 Tech stock, has been sentenced to 20 years in prison - a far longer term than any of his co-conspirators received, and one he described as “unreasonable.” Stockwatch reported that Curshen, 47, had operated Red Sea Management in Costa Rica. He was convicted of using the company's accounts to make wash trades of CO2 Tech, after he and others pumped up the stock's value by touting phony business opportunities. In one day, prosecutors said, the group's claims and market manipulation caused the stock to leap from 91 cents to $1.65 per share. They then sold off millions of shares, making $7.3 million. Aside from the jail time, a judge in Miami also ordered Curshen to forfeit $7.3 million. Four other men prosecuted for the pump-and-dump have received sentences ranging from 18 to 34 months, Stockwatch said.

4. Day Trading Ultimately Costs Controller 57 Months In Jail

The former controller of an environmental services firm is on his way to federal prison for pilfering $1.3 million from the company to support his sideline job as a day trader. The FBI said Rusty Spickenreuther, 46, was sentenced in a Camden, N.J. federal court to 57 months after pleading guilty to siphoning off money from his former employer, Environmental Industrial Services Corp. of New Jersey. Agents said Spickenreuther stole checks and had them deposited into an account he opened under the acronym “EISCO,” a common reference to the company's full name. He admitted to then transferring large amounts of cash into other bank and brokerage accounts. A judge also ordered Spickenreuther to repay the company more than $1.3 million and to forfeit more than $289,000 seized by agents in the investigation.

5. SEC: China Gas Chief Loaned $14 Million To Son And Nephew

Stockholders in China Natural Gas didn't know it at the time, but in 2010, their chief executive was using the company as a personal piggy bank to spin off loans to his son and others. Now, Qinan Ji - the company's former CEO and current board chairman - faces charges by the Securities and Exchange Commission. The SEC is alleging that Ji lined up two short-term loans totaling $14 million for a real estate firm co-owned by his son and nephew, and to another business partner in the firm. The SEC can take the action against China Natural Gas became the company's stock trades in the United States. John M. McCoy III, the SEC's associate director in Los Angeles, said Ji lied to his own board of directors and to regulators about the loans, showing “total disregard” for his obligations to shareholders. The agency wants a final judgment against Ji that includes financial penalties and a ban from being an officer or director of a public company.


6. Scam Brings Another 13 Years For Crooked Illinois Adviser

A former Illinois investment adviser who is already in prison for a previous conviction has now also pleaded guilty and was sentenced for running a $10 million Ponzi, the Chicago Tribune reported. Kevin Carney, 51, will serve 13 years for the new conviction, in addition to eight years he is already serving, the newspaper said. Carney admitted to soliciting investors and promising 20 percent annual returns, gathering a total of $17 million between January 2007 and October 2008. About $7 million was returned to investors through Ponzi payments, but they lost the rest of their money, prosecutors said. Aside from serving hard time, Carney was ordered to make $10.2 million in restitution to his victims, The Tribune added.



7. Jury Issues A Conviction For $1.2 Million Australian Scam

A mortgage broker in Australia has been convicted of ripping off borrowers for $1.2 million, according to the International Business Times. The broker, Max Booty, was tried on a total of 16 theft and fraud charges for a Ponzi scheme he operated between 2007 and 2009. The operation in Rockingham, Australia involved borrowing money on behalf of clients who secured the loans with their property, the Business Times said. Booty then claimed to invest the proceeds, promising returns of 20 percent or higher. He made Ponzi payments to earlier investors until the scheme fell apart, the newspaper said.



8. Former Planning Commissioner Cops Plea To A Property Ponzi

David R. Sparks, described in news reports as “a charming man and talented liar,” has pleaded guilty in Southern California to bilking investors out of $4.8 million, the Orange County Register reported. Sparks, 50, was a real estate broker who once served as a member of the Irvine Planning Commission. He was charged with soliciting money from friends and relatives, claiming to buy, rehabilitate, and flip houses that were in actuality never purchased. Prosecutors said Sparks was using most of the money to satisfy past debts he incurred in real estate ventures. They are recommending that he spend a maximum of five years and three months in jail, The Register said.


9. Second Defendant Pleads In Montana-Based, $2 Mil Ponzi

Montana mortgage broker Shawn Swor has become the second man to plead guilty in a $2 million Ponzi scheme whose principals apparently stashed their illicit profits in a Bermuda bank. Swor struck a plea bargain in Montana, the Royal Gazette reported, pleading guilty to one count of fraud. His former partner, Daniel Two Feathers, has already pleaded guilty. Officials said the pair and a third man, Terrance Paulin, solicited money for a “leveraged investment program” and fraudulently promised investors huge returns that never materialized. Two Feathers is scheduled for sentencing on June 15 and Swor will be sentenced July 27, the Royal Gazette added.



10. Canadian Prosecutor Seeks 10 Years In Prison For Attorney

Canadian prosecutors are asking a judge to send a disbarred lawyer to prison for 10 years, for running a mortgage scam that lasted 14 years and ripped off elderly investors and financial institutions for more than $10 million. Mississauga.com reported that Mariano Mazzucco, 62, who practiced real estate law in an Ontario suburb, and has pleaded guilty to running a Ponzi scheme that revolved around fraudulent mortgage loans. In 2000, he was also suspended from practicing law for stealing $300,000 from a trust account, the Web site said. Mississauga.com quoted a prosecutor as telling a judge that Mazzucco's crimes against elderly investors “not only stole their money, but their freedom, self-esteem, and the decent life they expected in their retirement.” Sentencing is scheduled for May 29.

James Welsh serves as the primary writer of news briefs appearing in the daily 'Top 10' list. Rebecca McClay writes news summaries for this section as well.



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Melissa Davis, senior editor of The Street Sweeper, poses with celebrity stock picker Jim Cramer after a recent taping of his "Mad Money" television show. Davis worked as an investigative reporter for TheStreet.com, where Cramer serves as chairman, before assuming her current role at The Street Sweeper.

Jive Software: A 'Social Butterfly' with Borrowed Wings?

by Melissa Davis and Sonya Colberg, 5/3/2012 10:09:55 AM

Editor's Note: The second article in this two-part report on Jive Software, which provides more detailed coverage of the risks posed by the looming release of its restricted stock and deeper analysis of its financial results, appears directly below this story.
 

Jive Software (Nasdaq: JIVE) may look incredibly hip right now, as a standout performer in the popular social media space, but the company largely owes a short-term “sympathy rally” – trumpeted by a suspicious firm that placed a bet on its stock – for its superstar status.

After debuting as a hot new Internet play last December, when it jumped 25% at the opening bell, Jive soon lost its early sizzle and spent more than a month simply trying to hold onto its original gains. That pattern continued until early February, when Facebook registered for its initial public offering and set off an explosion that ignited even long-shot players in the field. Jive itself finally caught on fire at that point, a notorious stock promoter loudly broadcasting its outsized gains, and spent two full months on a flight due north that took its stock all the way from $15 to $28 a share.

Jive executives now look incredibly rich as a result. They control almost a third of those highflying shares, records indicate, with the two young cofounders – who established Jive while in their early 20s (before Facebook revolutionized the entire industry) – boasting a combined net worth of more than $300 million all by themselves.

Since introducing its “Jive Engage” social networking platform to the business world five years ago, however, the company itself has yet to earn a dime.

“Apparently, there is inherent value in any software company that has the word ‘social’ included in their business summary,” Motley Fool contributor marveled back when Jive first escaped from the powerful forces of gravity. “But what has changed? (And) what will happen once the FB hysteria settles down?”

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Jive Software: Current Star, Future Wallflower?

by Melissa Davis and Sonya Colberg, 5/3/2012 10:09:35 AM

Editor's Note: The first article in this two-part report on Jive Software, which examines the hype-powered rally that set the stock on fire as a Facebook "sympathy play," appears directly above this story.
 

Talk about fancy moves. Before Jive Software (Nasdaq: JIVE) finally stumbled a few weeks ago, hammered by a wave of selling pressure that could dramatically escalate from here, the bleeding social media company danced all the wayfrom $14 to $28 a share – virtually doubling in a brief 70-day span – without any major breakthroughs on its part. Jive instead relied on a powerful “sympathy rally” for most of those huge gains, records indicate, suddenly exploding to life after Facebook announced plans for an initial public offering that temporarily shifted attention away from its own plight. (See the main story above for a detailed review of that hyped-up rally.)

Since Jive itself went public barely five short months ago, the company faces a looming overhang that could soon pound its richly valued shares. When Jive carried out its IPO late last year, past news coverage reveals, the company originally released less than one-quarter of its shares onto the public market and subjected the vast majority of its stock to trading restrictions that will expire very soon. 

Come June, records indicate, Jive could see roughly 38 million additional shares of company stock – much of it originally priced around $5 a share or less – start pouring into the marketplace. With Jive currently fetching almost $24 a share on the open market, where daily trading volume averages around 500,000 shares (the equivalent of just 1.3% ofthe restricted shares set for release), the stock looks rather vulnerable to say the least.

Jive actually took an early hit before its lockup period officially expired, a familiar pattern among young Internet stocks– such as Zynga (Nasdaq: ZNGA), Groupon (Nasdaq: GRPN) and even current standout LinkedIn (Nasdaq: LNKD) – that enjoyed temporary honeymoons after their celebrated public offerings last year. While Jive maintained its stamina longer than some other newcomers to the sector, records show, the stock finally reversed course about a month ago. Jivelost 20% of its value in the weeks that followed, shedding much of that during a heavy two-day selling spree, with the share count in its freely trading “float” somehow expanding (despite continued lockup restrictions) along the way.

Two venture capital firms control most of that restricted stock, records indicate, with both of them already recording massive returns on their investments at this point. Corporate insiders sit on a mountain of cheap restricted stock as well,records show, including a CFO who previously kept the books for a pair of young highfliers that soon collapsed and vanished from the stock market as the result of fire sales.

Last month, as Jive itself finally weakened under the pressure of an early selling spree, cautious investors started bracing for a serious meltdown.

“JIVE is one of the few IPOs holding up,” one investor noted last month, shortly after cutting his own stake in the company. “Gotta feeling its days are numbered.”

more...

JAMN Finally Spills the Beans -- And It's an Ugly Mess

by Janice Shell, 6/2/2011 10:32:51 AM

* Editor's Note: Readers can access links to additional backup documents for this story by clicking here for TheStreetSweeper's original investigative report on this company.

Late Tuesday afternoon, after missing earlier deadlines, Jammin Java (OTC: JAMN.OB) filed a long-awaited annual report packed with enough eye-opening news to keep investors up all night. That mandatory filing, unaccompanied with a cheerful press release heralding its arrival, served as a painful wake-up call to shareholders already burned by a rapid plunge in the company’s stock price.

To be sure, the 10-K offered investors little reason to sing. For starters, the filing reveals, this once-hot “coffee company” sells no coffee of its own at all. JAMN relies on a supplier based in frigid Canada – far away from the tropical Jamaican home of its co-founder Rohan Marley – to provide the company with an actual product to sell to its customers instead.

Back in April of 2010, JAMN inked a “supply and toll agreement” with Canterbury Coffee of British Columbia that gave it access to some brew. According to that agreement, JAMN relies on Canterbury to fulfill every role – save a minor one – normally satisfied by a firm that classifies itself as a coffee company. Canterbury purchases the coffee beans. It roasts them. And it then packages them in bags supplied by JAMN – the company’s only real product – for sale to the public.

JAMN signed this deal more than a year ago, right before Shane Whittle – a notorious Vancouver stock promoter – officially resigned as CEO of the company. But the company never mentioned that agreement, seemingly material enough to warrant at least a quiet 8-K report, in a single regulatory filing until now.   

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Jammin Java (JAMN): Hot Stock ... Bitter Aftertaste?

by Janice Shell, 6/2/2011 10:30:25 AM

It’s time to wake up and smell the coffee! That’s exactly what Jammin Java (OTC: JAMN.OB), a heavily promotedcoffee company, and – for very different reasons – TheStreetSweeper would like investors to do.

Since the beginning of the year, JAMN has miraculously risen from the ashes of the “Grey Market” graveyard to become one of the liveliest – and richest – stocks in the entire microcap arena. JAMN has seen its stock shoot straight toward heaven, soaring from 55 cents to peak above $6 a share on massive daily volume, with its market value nowtopping $355 million despite the company’s limited resources and operating history. (As covered in more detail below, two of the Internet tout sheets pushing JAMN the hardest effectively vanished -- disabled by their Internet servers -- on the day the stock’s trading volume exploded past 20 million shares.) 

JAMN stands out for its powerful connections, the first loudly celebrated by the company and the second – involving a notorious stock promoter – carefully hidden from view.


 

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CCME: Few Signs of Life at 'Healthy' Chinese Firm

by Roddy Boyd, 3/23/2011 9:30:34 AM

* Editor's Note: This story has been republished with permission from The Financial Investigator. To access the original article, complete with links to back-up documents, click here.

In the maze of thronged and narrow streets that makes up Fujian province’s capital city of Fuzhou, a deft driver, if he’s willing–as all Chinese drivers apparently are–to nearly kill or injure vast numbers of his countrymen can take you to the foot of Dongjie street. There was little reason to be there save for its having the headquarters of a company called China MediaExpress Holdings (Nasdaq: CCME), an enterprise that seems to be able to weather allegations about its business that would have forced the share price collapse of a company five times its size. The attention of bulls and bears is not misplaced: In a mere four years as a public company, it has apparently come to dominate the ad placement market for leading multinational consumer products companies on a network of what it claims is more than 27,000 buses on Chinese airport and intercity routes.

Also, and this cannot be understated, hanging out on a sidewalk in Fujian–the sidewalks double as parking spots when the streets, which appeared to have been designed in the Han Dynasty, fill up–was not a viable option. There was also the matter of the world-class headache the Financial Investigator was developing from Fuzhou’s diabolical smell, an epic conflation of poor sewage treatment, air pollution and the smell of cabbage that made getting the hell off Dongjie street a matter of vital importance.

The Financial Investigator and his traveling companion for the trip, an American investor with extensive experience in China, decided to head upstairs despite our interview with the CFO having been cancelled at the last minute (with no explanation given.) We thought a quick tour of the offices and meeting a few other executives might open our eyes to a few things.

It did.

Though the language barrier was a little steep with the young receptionist–when we asked for writing paper, she provided Kleenex–we were in short order shown to their conference room and told to wait. It did not escape notice that pride of place in the conference room belonged to a framed certificate of participation from the Fall 2010 Rodman & Renshaw conference, the World Cup for reverse merger companies and the pumpers and touts who peddle them.

Eventually chief operating officer James Yu came down and after spending 30 minutes trying to understand who we were, concluded that giving us a tour wouldn’t hurt. Soon enough, his colleague, Vinne Ye–the chairman’s assistant–came out and took us around.

It was most eye-opening.

more...

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Stock
Ticker
First
Article
Original
Price
Price
Today
JIVE May 3 $24.09 Check
SNPK April 3 $1.70 Check
QCOR Jan. 11 $41.54 Check
BRLI Nov. 1 $20.04 Check
PANL Oct. 3 $47.94 Check
GORO Aug. 23 $24.32 Check
MILL July 28 $7.04 Check
CIGX June 30 $4.51 Check
JAMN May 16 $5.17 Check
SWSH May 2 $8.77 Check
LEXG April 26 $4.02 Check
NOG March 21 $28.25 Check
VOG March 21 $5.02 Check
HNHI Feb. 17 $1.46 Check
IBIO Feb. 10 $5.17 Check
COUGF Feb. 1 $3.36 Check
LLEN Jan. 11 $10.27 Check
HHWW Dec. 23 $1.63 Check
CYDE Dec. 2 $3.29 Check
SMED Oct. 14 $5.87 Check
RMCP Sept. 21 $0.69 Check
INET Sept. 13 $10.66 Check
CLKZ Aug. 30 $0.53 Check
LQMT Aug. 19 $0.76 Check
LOCM Aug. 4 $6.12 Check
ESPH June 25 $1.49 Check
APOL June 15 $47.60 Check
BPI June 15 $19.63 Check
SILA May 27 $1.14 Check
FLPC May 27 $0.97 Check
AMEL May 27 $1.05 Check
STP May 17 $10.62 Check
BGBR April 26 $1.21 Check
NNLX April 16 $1.10 Check
CHTL April 9 $0.74 Check
AMLM March 25 $1.02 Check
LTUM March 25 $1.25 Check
TRGL March 11 $9.56 Check
TSHO Feb 24 $1.16 Check
CSKI Feb 19 $18.30 Check
GXDX Feb 15 $31.69 Check
JYHW Jan 19 $1.83 Check
AENY Jan 19 $4.51 Check
CLRH Dec 08 $1.35 Check
NXTH Dec 08 $2.28 Check
IMGG Nov 22 $1.39 Check
MEVT Nov 16 $0.35 Check
AWSL Nov 16 $3.29 Check
FRPT Oct 13 $5.84 Check
AEHI Oct. 4 $0.87 Check
Check
Check
Check
Check
Check

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