1. Gateway Execs Pumped Up Earnings Way Back In 2000
It took a long time to pierce the veil, but a recent settlement shows that top executives of Gateway, Inc. were falsely pumping up the former computer maker's earnings as long ago as 2000. According to KTIV-TV in Sioux City, Iowa, the Securities and Exchange Commission said former Gateway CEO Jeffrey Weitzen and ex-controller Robert Manza engaged in fraud when they increased the company's revenues by claiming income of $47.2 million from the one-time sale of fixed assets to another company. Regulators also charge that Manza and John Todd, Gateway's former chief financial officer, improperly claimed $21 million in revenue from computer sales that had not yet been completed. Gateway restated its earnings a year later, showing $75 million less than previously claimed, and slashing its worldwide work force by 25 percent. Now, Weitzen has agreed to pay a $110,000 civil penalty, KTIV said. Manza will pay a $270,000 penalty, and is barred from serving as an officer or director of a publicly traded company for five years. The case against Todd is pending, the TV station reported. In 2007, Gateway was acquired by Acer, Inc. for $710 million.
2. Big Loan Collector Gets $2 Million Fine By FTC
Asset Acceptance LLC, one of the biggest debt collectors in the United States, has agreed to pay a $2.5 million civil penalty after being slapped with Federal Trade Commission allegations that it shakes down debtors through a variety of illegal practices, Financialfraudlaw.com reported. The Michigan-based firm buys unpaid debts from credit card companies and other businesses, then makes money on collecting them. But the FTC charged that Asset Acceptance plays unnecessarily rough ball to get its way. As a result, the federal agency filed a nine-count complaint against the company. Among the charges that ended with a settlement: Asset Acceptance used illegal debt-collection practices, gave inaccurate information on debtors to credit reporting agencies, told lies in efforts to collect debts, and failed to tell consumers their debts were too old to be legally collected, the Web site added.
3. Already In Prison, Trader Now Has A Permanent Ban
Although he's already serving three years in a Florida jail for the offense, the Securities and Exchange Commission has also issued a penny stock ban against stock promoter Gerard D'Amaro for a pump-and-dump scam, Stockwatch reported. Regulators said D'Amaro was involved in a scheme to inflate the stock of Playstar Corp., an Ontario pink sheet listing, from less than one penny to 12 cents per share. He then dumped the stock, making $1.18 million, Stockwatch said. D'Amaro has already been convicted and is doing time in a related criminal case. He agreed to the trading ban and will pay disgorgement of $217,903 in the SEC case, Stockwatch added.
4. Brothers Charged By SEC For 'Funny Money' Trades
Allegations of illegal short-selling have caught up with Jeffrey A. Wolfson and Robert A. Wolfson, two brothers charged by the Securities and Exchange Commission with illegally making $17 million. Federal regulators said the pair short-sold a number of stocks in 2006-2007, but illegally engaged in “naked” short sales. Naked short-selling occurs when someone agrees to short-sell a stock on speculation that the share price will be falling, but fails to borrow the necessary securities to actually make delivery. When the deals occurred, regulators said, Jeffrey Wolfson was a broker-deal and trader in Chicago. Robert Wolfson allegedly conducted illegal short sales through an account at a New York broker-dealer. The SEC quoted a recorded telephone conversation in which Jeffrey Wolfson allegedly said: “What I sell them is not guaranteed. It never gets delivered. It's funny money.”
5. Four Suspects Targeted In $2 Bil Credit Suisse Case
Federal officials are believed to be preparing criminal and civil charges against four former traders for Credit Suisse AG in connection with a multi-million dollar loss the company took in sub-prime mortgage derivatives, Reuters reported. The four have not yet been named, but Reuters quoted authoritative sources as saying all are former traders who were previously fired from the company. They are suspected of illegal activity that led to $2.85 billion in write-downs Credit Suisse took on collateralized debt obligations in 2008, Reuters said. The company itself is not expected to be charged, and officials at Credit Suisse are said to have been cooperating with the FBI and the Manhattan U.S. Attorney's Office, Reuters added.
6. Former Vikings Tight End In Tight Spot With FDIC
As a tight end for the Minnesota Vikings in the 1970s, Stu Voigt played in three Superbowls. But now, the St. Paul
Pioneer Press said, he's playing defense in a move to ban him from the banking industry. In papers filed recently, the Federal Deposit Insurance Corporation is seeking to bar Voigt and fine him $125,000 for a series of events that led to a $788,000 loss for Minnesota's First Commercial Bank of Bloomington, where he was chairman of the board, the newspaper said. The FDIC alleges that Voigt referred another company and its principal to the bank's loan committee, leading to a $1 million loan being granted and later renewed. But Voigt failed to mention that he had personally loaned $2.4 million to the same entities. The bank's loans went into default when the commercial real estate market collapsed in 2008, the Pioneer Press said. As for Voigt, his lawyer maintains he is innocent, the newspaper added.
7. Japanese Firms Will Pay Millions For Price-Fixing
Two Japanese auto equipment manufacturers will pay millions in criminal fines for bid rigging and price-fixing involving goods sold to auto makers in the United States, Financialfraudlaw.com reported. The companies - Yazaki Corporation and DENSO - have agreed to the punishment, while four executives for Yazaki will also serve terms ranging from 15 months to two years in U.S. prisons, the Web site said. Federal officials charged the companies with rigging bids and fixing prices between 2000 and 2010 in the sale of auto wiring harnesses, fuel senders, and instrument clusters. It was not disclosed which American car makers were involved. Yazaki has agreed to pay $270 million in fines, and DENSO will pay $78 million, according to Financialfraudlaw.com.
8. Minnesota Man Pleads To Money Laundering Charge
A federal judge in Minneapolis has sentenced Gerald James Greenfield to 50 months in prison after he pleaded guilty to helping launder dirty profits made from a $2.5 million mortgage fraud scheme. The U.S. Attorney's Office said Greenfield, 66, conspired in 2006 with others involved in the mortgage scam and agreed to wire illegal profits to an attorney in Australia, with directions to distribute the money to other places, making it appear the profits were from legal enterprises. For his trouble,
Greenfield accepted kickbacks, the government said. Greenfield was also fined $10,000 and ordered to forfeit other assets valued “at hundreds of thousands of dollars,” prosecutors said. Two other men involved in the scheme have already been sentenced to prison.
9. Ezra, Morry And Bernie: Three Buddies Run Amuck
Things were quite chummy back when Ezra Merkin, Morry Weiss, and Bernard Madoff all rubbed elbows on the board of Yeshiva University. But now the three colleagues have gone distinctly different ways. Madoff is serving 150 years in prison for running his enormous Ponzi scheme, while the New York Post said Merkin has been ordered through arbitration to pay Weiss $2.26 million for investing Weiss' money with Madoff, without telling him so. Weiss complained in arbitration that Merkin took $3 million from him for a feeder fund, which invested directly in Madoff's crooked investment company without Weiss' knowledge. The arbitration panel sided with Weiss, but Merkin's lawyer told The Post that the award was “a small fraction of the amount the claimants were seeking.”
10. Broker Is Charged In CO2 Stock Manipulation Scheme
Criminal charges have been filed in South Florida against another figure in the 2007, CO2 Tech penny stock manipulation case, Stockwatch said. David Ricci, a 39-year-old former broker for Pacific International Securities Inc., has been charged with conspiracy, securities fraud and mail fraud, for allegedly conducting wash sales - buying stock in the company to help boost trading volume and share price, and simultaneously selling the same stock for a profit. Federal prosecutors say Ricci and others drove the stock to $1.65 per share, reaping $7 million in illegal profits. Ricci has already reached a settlement with the Securities and Exchange Commission in a separate civil case and agreed to a penny stock trading ban, Stockwatch said.
TheStreetSweeper in the News
- The Wall Street Journal: Northern Oil & Gas Gets a Bear Raid
- The Motley Fool: Northern Oil and Gas Shares Plunged: What You Need to Know
- Barron's: Insider Selling Accelerates at Northern Oil & Gas
- Benzinga: Will Growth Spurt Last for Northern Oil & Gas?
- Benzinga: More Trouble for Northern Oil and Gas
- The Motley Fool: Why Did My Stock Just Die?

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.

Questcor: The Secret behind Its 'Miracle' Drug
by Melissa Davis , 1/27/2012 11:04:02 AM
* Editor’s Note: The following article is the second installment in a two-part investigative series on Questcor Pharmaceuticals that began earlier this week. The original story can be found just below this one on the homepage.
Thanks to patients like Garry Sefcovic, who suffer from a common form of multiple sclerosis punctuated by debilitating “flares,” Questcor (Nasdaq: QCOR) has seen orders for its only major product – an old drug viewed as worthless by its previous owners -- literally explode in recent years.
Yet Sefcovic, for one, wishes that he had never even tried that high-priced drug. Last winter, when he sought treatment for a painful MS flare, Sefcovic assumed that he would receive the same cheap IV steroids that had effectively relieved his condition in the past. He wound up seeing a different neurologist, however, who automatically prescribed Acthar Gel – sold by Questcor for a whopping $27,000 per dose – to address his MS flare instead.
“I have good insurance and a chronic disease fund that will pay my deductible,” Sefcovic noted when speaking withTheStreetSweeper late last year. “They made a lot of money off of me.
“Then they had to give me steroid pills after the Acthar,” he added. “I should have just been put on the IV steroids right away.”
Several giant health insurance companies – such as Aetna (NYSE: AET), Cigna (NYSE: CI) and Blue Cross/Blue Shield (BCBS) – would clearly share that reasoned point of view. In fact, as a matter of policy, they officially mandate IV steroids as a first-line treatment for MS flares and normally refuse to cover Acthar for patients who can rely on that cheaper therapy instead.
Notably, Sefcovic receives health insurance coverage from a company -- Medical Mutual -- that subjects Acthar to a careful pre-authorization process as well. Rather than automatically covering Acthar for the treatment of MS flares,records show, Medical Mutual specifically asks whether the patient “had a FAILURE or INTOLERANCE to treatment with corticosteroids” in the past and whether the patient is “a candidate to receive treatment with corticosteroids” at the present time. At that point, records indicate, the insurer then authorizes coverage of Acthar only for those patients who cannot use traditional steroid therapy to provide them with relief.
In contrast, Questcor has taken a far more liberal stand on those who should qualify for its pricy drug. Reaching beyond the narrow population of outright steroid failures, records indicate, Questcor also markets Acthar for other MS patients who simply fail to achieve the same “baseline function” that they enjoyed before their flare-ups occurred. Since many MS victims fall short of this success (as illustrated by the progressive nature of their disease), critics feel, Questcor has effectively repositioned Acthar as a first-line treatment for many patients who should receive cheaper steroid therapy instead.
Despite the clear restrictions placed on Acthar for the treatment of MS flares – the primary condition addressed by that medication today -- Questcor has achieved remarkably high reimbursement rates for its obscure drug. Even though Questcor has seen its coverage rate for Acthar slip over the past couple of years (declining from between 90% and 95% to “generally above 85%” in the latest quarter), records indicate, health insurers continue to pay the vast majority of those expensive medication claims.
That said, however, Sefcovic clearly feels that his own insurance company wasted a pile of money on an overpriced – and ultimately ineffective -- drug that he should have never even received.
“I actually would have preferred steroid treatments first, as I’ve always done in the past,” he said in a follow-up email toTheStreetSweeper earlier this week. “I lose a lot of faith in doctors this way.”
more...
Questcor: A Bold Strategy Threatened by the Fine Print?
by Melissa Davis , 1/24/2012 10:56:57 AM
* Editor’s Note: The following article is the first story in a two-part investigative report on Questcor Pharmaceuticals, with the second installment currently scheduled for release by the end of this week. To receive immediate notification when the second article appears, click on this link to sign up for a free email alert.
As a longtime nephrologist, Dr. Gerald Stephanz felt somewhat surprised when a sales representative suggested that H.P. Acthar Gel – a 60-year-old drug marketed by Questcor Pharmaceuticals (Nasdaq: QCOR) – might help some of the patients he treats for kidney-related disorders.
Stephanz had last used Acthar decades earlier, when caring for a patient suffering from multiple sclerosis during his residency, and had practically forgotten about the ancient medication since that time. He did remember that Acthar had once sold at a relatively cheap price, however, and that it had largely fallen out of favor after powerful IV steroids –embraced as a superior alternative – arrived on the scene. So the new price tag for Acthar (more than $25,000 a dose) and the new focus on nephrology (without solid clinical data) struck him as rather odd, to say the least.
Stephanz, for one, saw no compelling reason to try the expensive drug. He also felt offended by the “aggressive tactics” that led to a follow-up sales pitch at his office.
“The second time, they kind of ambushed me,” recalled Stephanz, who holds a board-level position with the Renal Physicians Association. “That’s when they tried to explain why the drug costs so much.
“They have this package they give you,” he explained. “But the label doesn’t have any specific indication for any treatable kidney disease that I can see … How are they going to market this?”
By capitalizing on its high price (raised 1,300% literally overnight) and its broad label (approved in 1952 based on its perceived safety alone), Questcor hopes to transform Acthar into a true blockbuster drug. Questcor views Acthar as afull-blown pipeline, in fact, relying on that single medication for virtually all of its current revenue and its forecasted growth as well.
Although Questcor reportedly paid just $100,000 for worldwide rights to Acthar – a product abandoned by its previous owners as a hopeless money-loser – the company now charges up to $250,000 for a single course of treatment utilizing that once-neglected drug. All told, Wall Street estimates, Questcor sold more than $210 million worth of Acthar in 2011 and – if recent growth trends prove sustainable – will likely see that total soar past $330 million over the course of the current year.
Questcor originally re-priced Acthar as an orphan drug used for an ultra-rare disease, records show, but the company now derives most of its revenue from soaring prescriptions for more widespread medical problems instead. In recent years, Questcor has dramatically expanded the market for Acthar by promoting it as a second-line treatment for patients who suffer from a common type of multiple sclerosis punctuated by debilitating flares. (TheStreetSweeper focuses primarily on that core market in the second part of this investigative report.) Inspired by that growth – driven in large part, former insiders say, by heavy prescribers who can pocket unlimited “speaker fees” for promoting the drug to others in the field -- Questcor has set out to replicate that success by pitching Acthar for another medical condition as well.
Last week, however, Questcor dropped a potential bombshell about this promising frontier.
Questcor has routinely stated that it can market Acthar as an “on-label” treatment for nephrotic syndrome – including a specific kidney disease related to NS known as idiopathic membranous nephropathy (iMN) – and even announced plans, earlier this month, to double the number of sales reps focused on this profitable arena. That sales team has already generated plenty of new business for the company in the meantime, records show, with Acthar prescriptions for NS rocketing 145% (on a sequential basis) in the fourth quarter of 2011 alone. Less than a year after aggressively breaking into this brand-new market -- where each patient represents a handsome six-figure opportunity -- Questcor now counts NS as its biggest, and its most lucrative, growth driver by far.
While Questcor has long indicated that it can freely market Acthar for this condition (and has funded a minor study,focused on iMN, that serves as a critical sales aid), however, the U.S. Food and Drug Administration has expressed a far more conservative view on this important matter.
“The approval of this product for this particular use predates the modern FDA ‘efficacy’ requirement,” the agency noted in an email to TheStreetSweeper earlier this month. “For that reason, we feel that it is best to stick to the exact wording used in the label (i.e., induce a diuresis or a remission of proteinuria) and not say that they treat the disease.”
more...JAMN Finally Spills the Beans -- And It's an Ugly Mess
by Janice Shell, 6/2/2011 10:32:51 AM
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.
more...
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.
more...
CCME: Few Signs of Life at 'Healthy' Chinese Firm
by Roddy Boyd, 3/23/2011 9:30:34 AM
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...
CNBC on TheStreetSweeper's coverage of Gold Resource Corporation: (GORO):
"Herb Greenberg comments on Gold Resource Corporation"
Watch the Video
Read the GORO Story
CNBC on TheStreetSweeper's coverage of Miller Energy Resources: (MILL):
"Melissa Davis at TheStreetSweeper … wrote a piece on this thing that obviously scared investors a little bit … It was an excellent reporting job (and) has moved the stock dramatically."
Watch the Video
Read the MILL Story
Herb Greenberg's View (NOG):
"There are questions about related parties … Sometimes companies just don't pass that 'sniff test.'"
Watch the Video
Read the NOG Story
Cramer's View (SWSH): "I wouldn't touch Swisher with a 10-foot PLUNGER!"
Watch the Video
Read the SWSH Story
Cramer's View (NOG): "I clearly have been jarred by the accounting issues and feel like, right now, the momentum has left this stock."
Watch the Video
Read the NOG Story
New Article Alert! Sign up to get notified of new articles. Click Here. |
|
| Stock Ticker | Article | Original Price | Price Today |
| QCOR | $41.54 | Check | |
| BRLI | $20.04 | Check | |
| PANL | $47.94 | Check | |
| GORO | $24.32 | Check | |
| MILL | $7.04 | Check | |
| CIGX | $4.51 | Check | |
| JAMN | $5.17 | Check | |
| SWSH | $8.77 | Check | |
| LEXG | $4.02 | Check | |
| NOG | $28.25 | Check | |
| VOG | $5.02 | Check | |
| HNHI | $1.46 | Check | |
| IBIO | $5.17 | Check | |
| COUGF | $3.36 | Check | |
| LLEN | $10.27 | Check | |
| HHWW | $1.63 | Check | |
| CYDE | $3.29 | Check | |
| SMED | $5.87 | Check | |
| RMCP | $0.69 | Check | |
| INET | $10.66 | Check | |
| CLKZ | $0.53 | Check | |
| LQMT | $0.76 | Check | |
| LOCM | $6.12 | Check | |
| ESPH | $1.49 | Check | |
| APOL | $47.60 | Check | |
| BPI | $19.63 | Check | |
| SILA | $1.14 | Check | |
| FLPC | $0.97 | Check | |
| AMEL | $1.05 | Check | |
| STP | $10.62 | Check | |
| BGBR | $1.21 | Check | |
| NNLX | $1.10 | Check | |
| CHTL | $0.74 | Check | |
| AMLM | $1.02 | Check | |
| LTUM | $1.25 | Check | |
| TRGL | $9.56 | Check | |
| TSHO | $1.16 | Check | |
| CSKI | $18.30 | Check | |
| GXDX | $31.69 | Check | |
| JYHW | $1.83 | Check | |
| AENY | $4.51 | Check | |
| CLRH | $1.35 | Check | |
| NXTH | $2.28 | Check | |
| IMGG | $1.39 | Check | |
| MEVT | $0.35 | Check | |
| AWSL | $3.29 | Check | |
| FRPT | $5.84 | Check | |
| AEHI | $0.87 | Check |
Investors must be properly armed in order to protect themselves against the dangers of Wall Street. To help out, The Street Sweeper has mined the Internet for the most powerful weapons available to investors researching publicly traded companies. In our “Loaded Weapons” section, you’ll find direct links to corporate documents filed with the SEC, conference call transcripts published by Seeking Alpha, insider stock sales tracked by Insider-Monitor.com and popular investment tools offered by Yahoo! Finance. You can also identify the promoters behind current penny stock campaigns – and the compensation they are receiving – by connecting to StockPromoters.com. You can link to other websites that are conducting topnotch stock investigations as well. Click here now.



New Article Alert! Sign up to get notified of new articles.

