My Penny Stock Strategy: Trade Less and Profit More Using Easy Patterns

Total Page:16

File Type:pdf, Size:1020Kb

My Penny Stock Strategy: Trade Less and Profit More Using Easy Patterns My Penny Stock Strategy: Trade Less and Profit More Using Easy Patterns What Are Penny Stocks? Penny Stocks Definition: As mentioned above, the SEC defines a penny stock as any stock that trades at $5 per share or less. ​ ​ ​ ​ These stocks also have other things in common, such as the following: ● Highly speculative: This means that the stock has a high-risk, high-reward balance. If the ​ stock does well, you have a good chance of making excellent returns. ● Small cap: Penny stocks are generally tied to small capitalization markets. In other words, the ​ company has a relatively low stock valuation — under $2 billion, in most cases. ● Large bid-ask spread: This means that there is a large difference between the asking price ​ and the bid price. In other words, the amount someone is willing to pay is much higher than the price at which someone else is willing to sell. What Are Pink Sheets? Think of pink sheets as the OTC version of large market exchanges. Every day, the National Quotation ​ ​ ​ ​ Bureau publishes a pink sheet with the bid and ask prices for penny stocks and other stocks that ​ ​ ​ ​ aren’t traded on the larger market exchanges. They were named because of the pink paper on which they were printed, and the stocks traded therein can be identified by the “.PK” added after their stock symbols. What is Penny Stocks Trading? Penny stocks trading refers to the activity of actively trading penny stocks on markets like the OTCBB and OTC Link. The types of stocks you can find within the Pink Sheets are just as varied as in any other market. The only difference is the extremely low price of each share. ​ ​ To trade penny stocks, you’ll need an experienced, knowledgeable broker. Some brokers charge extra ​ ​ ​ ​ if you want to trade a large number of shares in a single transaction, while others limit the number of trades you can make in a day. How Do I Get Started With Penny Stocks? The best way to get started with penny stocks is to find a broker and educate yourself on the market. ​ ​ Learn the language and jargon, the types of companies that trade in the OTC market, and as much ​ ​ information as you can about micro- and mid-cap companies. You should have a specific goal and strategy in mind before you begin trading. Since penny stocks ​ ​ tend to be more volatile, you don’t want to go into this type of investment blindly. Biased Recommendations You might have heard of influencer marketing. It happens when a company pays a popular social media user to promote its products. The influencer receives a flat fee for tweeting or posting on instagram, for instance, and the company gets access to the influencer’s audience. ​ ​ This also happens in penny stock trading. A company that wants to push its own stocks will pay someone in the industry to send out social media posts, emails, and press releases that don’t necessarily look like advertisements. Offshore Brokers Unfortunately, boiler room operations are also more common than you might think. These schemes involve selling stock to foreign brokers at discounted prices, then selling them back to U.S.-based investors for a handsome profit. The SEC doesn’t require offshore brokers to register stocks, so it’s easy to get taken in by this type of nefarious scam. It’s even easier when it comes to penny stocks because they’re subject to less oversight and because small transactions can easily fly under the radar. The main tipoff is a cold call from a brokerage. The person will use high-pressure sales tactics to convince you that you can buy a certain number of shares for a “steal.” Always initiate your own investments instead of agreeing to a transaction after a cold call. Most Common Questions Regarding Penny Stocks There are five questions I hear very frequently from other investors: ● Where should I buy penny stocks? ● What techniques do I need to learn to be successful? ● How do you find hot penny stocks to invest in? ● Which are the best penny stocks to invest in ● Are penny stocks profitable? Let’s take these questions one at a time so there isn’t any confusion. Where Should I Buy Penny Stocks? The first thing you have to realize about penny stocks is that they’re incredibly cheap, so it’s not always profitable to use a live broker. In fact, I recommend against it. Instead, use an online broker that allows you to make trades for yourself. You know that I’m a huge advocate for learning and studying, so devote yourself to learning as much as you can about the penny stock trade. Knowledge is definitely money when applied effectively. Keep in mind that pennystocking is all about generating quick returns. You’re not holding on to these stocks for months or years on end. Instead, you’re actively trading every day to build up your portfolio and increase your wealth. Therefore, you need a strong online broker to make sure you don’t get conned out of your cash. What Are the Best Brokers to Buy From? There are a few online brokers that I can recommend after personally using them. ​ ​ First of all, eTrade is definitely a good bet. It’s a huge firm that has helped thousands of people build ​ ​ their wealth. I’m also a fan of Interactive Brokers, so see this blog post for more details on the best ​ ​ ​ brokers. ​ What Techniques Do I Need to Learn to Be Successful? I use several techniques to trade penny stocks on a daily basis. My students have used them, too, to great success. If you’re willing to learn the logic behind these techniques and apply them to your own trading, you’ll make money and increase your net worth. It’s important, though, to find a strategy that works for you. Some people prefer technical over fundamental analysis in most situations. You have to learn to trust your instincts and experience as you gain more perspective on Pennystocking. Penny Stocks Patterns Lots of different types of charts exist, and as you gain exposure to them, you’ll figure out which ones are more informative based on your learning style. No matter what charts you follow, though, you’ll be able to visually assess a penny stock’s performance. I’m particularly fond of the candlestick pattern charts. They can be either extremely complex or highly simplified depending on the types of information used to form the chart. You can recognize them by their candlestick shapes with the accompanying wicks. Technical Analysis In many cases, technical analysis is best for pennystocking because it’s designed for shorter-term trading. In other words, if you’re buying and selling stocks within minutes or hours, you don’t want to bother with fundamental analysis too much (which I’m going to describe in a minute). True-blue technical analysts believe that all the information they need can be found in the charts. In some ways, they’re right. However, technical analysis also assumes that future patterns will mimic past patterns. It’s possible for a stock to bottom out suddenly with no warning in the charts. This is often as a result of news about the company or other changed financial matters. Fundamental Analysis Remember, penny stocks are attached to smaller companies. They have low liquidity, high volatility, and limited products or services. Paying attention to details can help you make more effective trades. For instance, you would look differently upon a stock for a company that has just received a massive influx of VC capital than one that has taken on a huge amount of debt. As I mentioned above, fundamental analysis is most often used for long-term trading. The investor wants to hang on to the stock for a long period of time to maximize returns. Day Trading Penny Stocks Since penny stocks have such high volatility and are so cheap to buy, you can earn small returns through frequent day trading. If you’re constantly monitoring companies’ performance and jumping on stocks in a so-called growth stage. This isn’t to say that all penny stocks move quickly. Some don’t. That’s why you have to learn the technical aspects of pennystocking. You’ll know when to hold off on selling, when to sell short, and when to sell right away. Day trading is great for pennystocking newbies because it eliminates risk. For instance, stock can fall precipitously overnight, so if you’re able to get out before the market closes, you’re less likely to lose money. How Do I Find Penny Stocks to Invest In? There are many reasons to invest in a penny stock. For instance, if you’re playing the long game, you might notice an economy-related drop in stock. If you know that market conditions will likely rally, you can invest in the company at less than $5 per share, then sell up when the stock eventually rebounds. You’ll want to examine the charts for any company you consider. It’s often helpful to start your search by sector, then market, then individual stock. You’ll get a better idea of competition, performance, financials, and more. What is the best way to trade penny stock? Finding a cheap, but solid broker like these penny stock brokers is the best strategy if you’re starting ​ ​ ​ ​ with very limited capital. Some of the brokers I’ve worked with have had starting minimums of as much as $30,000.
Recommended publications
  • Complete Guide for Trading Pump and Dump Stocks
    Complete Guide for Trading Pump and Dump Stocks Pump and dump stocks make me sick and just to be clear I do not trade these setups. When I look at a stock chart I normally see bulls and bears battling to see who will come out on top. However, when I look at a pump and dump stock it just saddens me. For those of you that watched the show Spartacus, it’s like when Gladiators have to fight outside of the arena and in dark alleys. As I see the sharp incline up and subsequent collapse, I think of all the poor souls that have lost IRA accounts, college savings and down payments for their homes. Well in this article, I’m going to cover 2 ways you can profit from these setups and clues a pump and dump scenario is taking place. Before we hit the two strategies, let’s first ground ourselves on the background of pump and dump stocks. What is a Pump and Dump Stock? These are stocks that shoot up like a rocket in a short period of time, only to crash down just as quickly shortly thereafter. The stocks often come out of nowhere and then the buzz on them reaches a feverish pitch. We can break the pump and dump down into three phases. Pump and Dump Phases Phase 1 – The Markup Every phase of the pump and dump scheme are challenging, but phase one is really tricky. The ring of thieves need to come up with an entire plan of attack to drum up excitement for the security but more importantly people pulling out their own cash.
    [Show full text]
  • Regulatory Notice 21-03
    Regulatory Notice 21-03 Fraud Prevention February 10, 2021 FINRA Urges Firms to Review Their Policies and Notice Type Procedures Relating to Red Flags of Potential Securities 0 Special Alert Fraud Involving Low-Priced Securities Suggested Routing Summary 0 Anti-Money Laundering 0 Compliance Low-priced securities1 tend to be volatile and trade in low volumes. It may be difficult to find accurate information about them. There is a long history of 0 Financial Crimes bad actors exploiting these features to engage in fraudulent manipulations 0 Fraud of low-priced securities. Frequently, these actors take advantage of trends 0 Internal Audit and major events—such as the growth in cannabis-related businesses or the 0 Legal ongoing COVID-19 pandemic—to perpetrate the fraud.2 0 Operations FINRA has observed potential misrepresentations about low-priced securities 0 Risk issuers’ involvement with COVID-19 related products or services, such as 0 Senior Management vaccines, test kits, personal protective equipment and hand sanitizers. These misrepresentations appear to have been part of potential pump-and-dump Key Topics or market manipulation schemes that target unsuspecting investors.3 These 0 COVID-19-related manipulations are the most recent manifestation of this Anti-Money Laundering type of fraud. 0 Fraud 0 Low-Priced Securities This Notice provides information that may help FINRA member firms 0 Trading that engage in low-priced securities business assess and, as appropriate, strengthen their controls to identify and mitigate their risk, and the risk to their customers, including specified adults and seniors,4 of becoming involved Referenced Rules & Notices in activities related to fraud involving low-priced securities.
    [Show full text]
  • Penny Stock" Generally Refers to Low-Priced, Speculative Securities That Are Traded in the Over-The-Counter Market
    SUPPORTING STATEMENT for the Paperwork Reduction Act Information Collection Submission for Rule 15g-5 A. Justification (1) Necessity of Information Collection The term "penny stock" generally refers to low-priced, speculative securities that are traded in the over-the-counter market. The great majority of securities that are eligible for trading in the United States are not traded on an established national securities exchange or the National Association of Securities Dealers Automated Quotation System ("NASDAQ"). Most of these non-NASDAQ, over-the-counter securities are not actively traded in any forum, and frequently there is little public information available with respect to their issuers. Beginning in the mid-1980s, penny stock transactions and associated abuses grew geographically and in volume. Technological advances related to interstate telecommunications contributed substantially to this growth. This period also witnessed a dramatic growth in the number of broker-dealers that concentrated their activities primarily or entirely in penny stock transactions. In 1989, the Commission identified a corresponding increase in the number of investor complaints concerning these broker-dealers. Government officials and commentators have stressed the threat posed by penny stock fraud to economic progress and the legitimate securities industry. Penny stock fraud remains a serious national concern. In its report concerning the Securities Enforcement Remedies and Penny Stock Enforcement Act of 1990 (the "Penny Stock Act"), the House Committee
    [Show full text]
  • Penny Stock - Wikipedia, the Visitedfree Encyclopedia on 7/28/2015 Page 1 of 4
    Penny stock - Wikipedia, the visitedfree encyclopedia on 7/28/2015 Page 1 of 4 Penny stock From Wikipedia, the free encyclopedia Penny stocks, also known as cent stocks in some countries, are common shares of small public companies that trade at low prices per share. In the United States, the SEC defines a penny stock as a security that trades below $5 per share, is not listed on a national exchange, and fails to meet other specific criteria.[1] In the United Kingdom, stocks priced under £1 are called penny shares. In the case of many penny stocks, low market price inevitably leads to low market capitalization. Such stocks can be highly volatile and subject to manipulation by stock promoters and pump and dump schemes. Such stocks present a high risk for investors, who are often lured by the hope of large and quick profits. Penny stocks in the USA are often traded over-the-counter on the OTC Bulletin Board, or Pink Sheets.[2] In the United States, the Securities and Exchange Commission and the Financial Industry Regulatory Authority (FINRA) have specific rules to define and regulate the sale of penny stocks. Contents ◾ 1 Concerns for investors ◾ 1.1 Notable cases ◾ 2 Regulation ◾ 3 References ◾ 4 External links Concerns for investors Many penny stocks, particularly those that trade for fractions of a cent, are thinly traded. They can become the target of stock promoters and manipulators.[3] These manipulators first purchase large quantities of stock, then artificially inflate the share price through false and misleading positive statements. This is referred to as a "pump and dump"[4] scheme.
    [Show full text]
  • SEC Complaint
    Case 1:20-cv-11746 Document 1 Filed 09/24/20 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) SECURITIES AND EXCHANGE ) COMMISSION, ) Plaintiff, ) Civil Action No. 1:20-cv-11746 ) v. ) JURY TRIAL DEMANDED ) TODD ZINKWICH, ) Defendant. ) ) COMPLAINT Plaintiff Securities and Exchange Commission (the “Commission”) alleges the following against Defendant Todd Zinkwich. SUMMARY 1. This is a securities fraud enforcement action. Beginning in or before June 2017 and continuing through at least March 2018 (the “Relevant Period”), Defendant worked with others to manipulate the public market for numerous microcap stocks, misleading the public to believe there was heightened demand for the stock of certain companies. Defendant’s clients were individuals and groups who controlled large quantities of stock that they hoped to dump into the public market. They paid Defendant to generate interest and price movement in the stocks they controlled, which in turn paved the way for these clients to sell millions of dollars’ worth of stock to the public at inflated prices. 2. Defendant, using two now-defunct entities that he controlled, handled arrangements with clients and received payments from them. In turn, Defendant arranged with an associate, Eric Landis, to create the mirage of heightened demand for the stocks in question. Landis did this by repeatedly buying and selling stocks between several accounts that he and Case 1:20-cv-11746 Document 1 Filed 09/24/20 Page 2 of 11 Defendant controlled. In this way Defendant and Landis made it appear that thousands of shares were changing hands in the public markets when in fact Landis was simply trading with himself.
    [Show full text]
  • Pinksheets Focused on Providing Transparency for Penny Stock Investors
    By Joseph B. LaRocco PinkSheets Focused on Providing Transparency for Penny Stock Investors his article will examine what a PinkSheet-listed company really Some companies in recent years have decided to withdraw from is, what information they need to disclose and what informa­ the Over-the-Counter Bulletin Board and go onto the PinkSheets Ttion PinkSheets LLC, that runs www.PinkSheets.com, is because of the cost of complying with the listing requirements and trying to get these companies to disclose to provide transparency The Sarbanes-Oxley Act of 2002, which has certain requirements to investors willing to take the risk of investing in penny stocks. companies must meet regarding the independence of Board of Directors, accounting requirements and management of the company. What exactly is a PinkSheet company, you might ask? Well, it is a publicly traded company with a stock symbol that does not meet The PinkSheets.com Approach the reporting requirements to get listed on a U.S. exchange or on The main goal of the people who run PinkSheets.com is to provide the Nasdaq Stock Market. These companies either choose not to as much current, adequate public information as possible. They list, or are unable to meet the standards for listing, on Nasdaq or a have set up their website to accomplish this in mainly two ways. U.S. stock exchange. Company Information Since the early 1900’s, in the early days of the inter-dealer quotation One way is by having companies list such information as corporate of small thinly-traded stocks, market makers would quote these address, phone and fax numbers, number of authorized shares, stocks, often on pink sheets of paper.
    [Show full text]
  • Guide to Joining the Otcqx Or the Otcqb Markets for Canadian and Other Foreign Issuers
    GUIDE TO JOINING THE OTCQX OR THE OTCQB MARKETS FOR CANADIAN AND OTHER FOREIGN ISSUERS Accessing United States Capital Markets September 2020 Prepared by www.dorsey.com USA CANADA EUROPE ASIA © 2020 Dorsey & Whitney LLP. All Rights Reserved www.dorsey.com Guide to Joining the OTCQX or the OTCQB Markets for Canadian and Other Foreign Issuers Accessing United States Capital Markets Dorsey & Whitney LLP is an international law firm with offices throughout the United States, Canada, Europe, and Asia, and is a pre-approved Sponsor for issuers on the OTCQX or the OTCQB markets. Dorsey provides U.S. legal advice in Canada. This Guide to Joining the OTCQX or the OTCQB Markets for Canadian Issuers was prepared by the following attorneys at Dorsey & Whitney LLP with the assistance of OTC Markets Group Inc. About the Authors Kenneth Sam is a Partner in Dorsey’s Denver office and a member of the firm’s Canada cross-border practice group. Mr. Sam is a leading international corporate finance attorney who represents companies, underwriters, agents and investors on U.S. legal matters, including SEC reporting, mergers and acquisitions, takeover defense and other related issues. Mr. Sam can be contacted at 303-629-3445 or [email protected]. Chris Doerksen is a Partner in Dorsey’s Seattle office and a member of the firm’s Canada cross-border practice group. Mr. Doerksen assists clients with corporate finance, stock exchange listings, SEC reporting, mergers and acquisitions, and other related issues, and has been recognized by Chambers Global for his cross-border expertise. Mr. Doerksen can be contacted at 206-903-8856 or [email protected].
    [Show full text]
  • The Penny Stock Rules, Online Microcap Fraud, and the Unwary Investor
    "Click Here to Buy the Next Microsoft": The Penny Stock Rules, Online Microcap Fraud, and the Unwary Investor KEVIN C. BARTELS" I. INTRODUCTION Investment fraud is a time-honored tradition. As far back as the 1700s, con artists on London's Exchange Alley were using a "pump and dump" scheme to defraud investors.' The "pump and dump" scheme used by con artists in eighteenth century London was simple but effective: the price of worthless shares of the "South Sea Bubble," a South American trading company, was inflated by false rumors of profitability spread about the company by owners of the shares, who then sold the shares at a substantial profit after the price of the shares increased.2 The "pump and dump?' scheme has since continued through the present day and has enriched a very few unscrupulous sellers at the cost of tens of thousands of investors Recently, though, the age-old schemes used by swindlers to sell phony or vastly inflated shares of stock have moved fully into the digital age: investors are now being duped over the Internet.4 In fact, the number of fraudulent offerings of securities is predicted to grow as the number of investors trading online grows. 5 Historically, the existence of securities fraud in the United States has led to attempts by Congress to stem its growth, but what can or will be done about securities fraud conducted over the new medium of the Internet remains a matter of some speculation. Indeed, much of U.S. securities regulation has focused on the prevention and punishment of fraud, and it was the abuses
    [Show full text]
  • Fraud in the Micro-Capital Markets Including Penny Stock Fraud
    S. Hrg. 105±266 FRAUD IN THE MICRO-CAPITAL MARKETS INCLUDING PENNY STOCK FRAUD HEARING BEFORE THE PERMANENT SUBCOMMITTEE ON INVESTIGATIONS OF THE COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED FIFTH CONGRESS FIRST SESSION SEPTEMBER 22, 1997 Printed for the use of the Committee on Governmental Affairs ( U.S. GOVERNMENT PRINTING OFFICE 44±227 cc WASHINGTON : 1997 For sale by the Superintendent of Documents, Congressional Sales Office U.S. Government Printing Office, Washington, DC 20402 1 VerDate 22-SEP-99 11:58 Sep 28, 1999 Jkt 010199 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 E:\HEARINGS\44227 txed02 PsN: txed02 COMMITTEE ON GOVERNMENTAL AFFAIRS FRED THOMPSON, Tennessee, Chairman SUSAN M. COLLINS, Maine JOHN GLENN, Ohio SAM BROWNBACK, Kansas CARL LEVIN, Michigan PETE V. DOMENICI, New Mexico JOSEPH I. LIEBERMAN, Connecticut THAD COCHRAN, Mississippi DANIEL K. AKAKA, Hawaii DON NICKLES, Oklahoma RICHARD J. DURBIN, Illinois ARLEN SPECTER, Pennsylvania ROBERT G. TORRICELLI, BOB SMITH, New Hampshire New Jersey ROBERT F. BENNETT, Utah MAX CLELAND, Georgia HANNAH S. SISTARE, Staff Director and Counsel LEONARD WEISS, Minority Staff Director MICHAL SUE PROSSER, Chief Clerk PERMANENT SUBCOMMITTEE ON INVESTIGATIONS SUSAN M. COLLINS, Maine, Chair SAM BROWNBACK, Kansas JOHN GLENN, Ohio PETE V. DOMENICI, New Mexico CARL LEVIN, Michigan THAD COCHRAN, Mississippi JOSEPH I. LIEBERMAN, Connecticut DON NICKLES, Oklahoma DANIEL K. AKAKA, Hawaii ARLEN SPECTER, Pennsylvania RICHARD J. DURBIN, Illinois BOB SMITH, New Hampshire ROBERT G. TORRICELLI, New Jersey ROBERT F. BENNETT, Utah MAX CLELAND, Georgia TIMOTHY J. SHEA, Chief Counsel and Staff Director JEFFREY S. ROBBINS, Chief Counsel to the Minority MARY D.
    [Show full text]
  • Penny Stock Disclosure
    Penny Stock Disclosure The term “Penny stock” generally refers to low-priced (below $5), speculative securities of very small companies. While penny stocks generally are quoted over-the-counter, such as on the OTC Bulletin Board or in the Pink Sheets, they may also be traded on securities exchanges, including foreign securities exchanges. In addition, penny stocks include the securities of certain private companies with no active trading markets. Risks Investments in low-priced securities are speculative and involve considerable risk. Low- priced securities often exhibit high price volatility and erratic market movements. Often, when investors buy or sell these securities, they significantly affect the quoted price. In some cases, the liquidation of a position in a low-priced security may not be possible within a reasonable period of time and is subject to additional fees. It may be difficult to properly value an investment in a low-priced security. Reliable information regarding issuers of low-priced securities, their prospects, or the risks associated with investing in such securities may not be available. Certain issuers of low- priced securities have no obligation to provide information to investors. Some issuers register securities with the Securities and Exchange Commission (SEC) and may provide regular reports to investors. Others however may not be required to maintain such registration or provide such reports. Securities may continue to be traded if issuers are delinquent in their reporting obligation to the SEC or other federal or state regulatory agencies. Penny stocks have not been approved or disapproved by the Securities and Exchange Commission (SEC). The SEC has not passed upon the fairness, the merits, the accuracy or adequacy of the information contained in any prospectus or any other information provided by an issuer or a broker or a dealer of penny stocks.
    [Show full text]
  • Public Law 101-429—Oct. 15, 1990 104 Stat. 931
    PUBLIC LAW 101-429—OCT. 15, 1990 104 STAT. 931 Public Law 101-429 101st Congress An Act To amend the FederaQ securities laws in order to provide additional enforcement Q^ ^^ ^^^^ remedies for violations of those laws and to eliminate abuses in transactions in ' penny stocks, and for other purposes. 1^^" ""^' J Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Securities Enforcement SECTION 1. SHORT TITLE; TABLE OF CONTENTS; EFFECTIVE DATE. Remedies and Penny Stock (a) SHORT TITLE.—This Act may be cited as the "Securities Reform Act of Enforcement Remedies and Penny Stock Reform Act of 1990". ^^ (b) TABLE OF CONTENTS.- _ fn^Sent Sec. 1. Short title; table of contents; effective dates. companies. Fraud. TITLE I—AMENDMENTS TO THE SECURITIES ACT OF 1933 15 USC 78a note. Sec. 101. Authority of a court to impose money penalties and to prohibit persons from serving as officers and directors. Sec. 102. Cease-and-desist authority. TITLE II—AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934 Sec. 201. Enforcement of title. Sec. 202. Civil remedies in administrative proceedings. Sec. 203. Cease-and-desist authority. Sec. 204. Procedural rules for cease-and-desist proceedings. Sec. 205. Conforming amendments to section 15B. Sec. 206. Signature guarantees. TITLE III—AMENDMENTS TO THE INVESTMENT COMPANY ACT OF 1940 Sec. 301. Civil remedies in administrative proceedings. Sec. 302. Money penalties in civil actions. TITLE IV—AMENDMENTS TO THE INVESTMENT ADVISERS ACT OF 1940 Sec. 401. Civil remedies in administrative proceedings. Sec. 402. Money penalties in civil actions.
    [Show full text]
  • The Treacherous Terrain of Penny Stocks and How Firms Are Attempting to Navigate It
    June 2015 n Volume 19 n Issue 6 Wall Street Lawyer on%20Cybersecurity%20Practices_0.pdf (here- lated matters a regulatory and enforcement prior- inafter “FINRA Report”). ity over the past several years.1 They have brought 36. See, e.g., FINRA Report at Appendix II; see also Cybersecurity Risk Management and Best claims against and fined many individuals and Practices Working Group 4: Final Report, (Mar. entities for engaging in many different types of il- 2015), available at http://transition.fcc.gov/ legal penny stock activity.2 These include pump- pshs/advisory/csric4/CSRIC_WG4_Report_Final_ and-dump schemes; manipulative trading tactics; March_18_2015.pdf. 37. Cybersecurity Guidance at 2. the sale of unregistered securities; boiler room op- 38. NIST Framework at 14. erations;3 excessive, undisclosed, markups on pen- 39. NIST Framework at 14. ny stock sales; failure to have and implement an 40. NIST Framework at 14. 41. See Cybersecurity Guidance at 2, nn. 7-11. adequate anti-money laundering compliance pro- 42. See generally supra nn. xxi-xxii. gram; violation of the Bank Secrecy Act; failure to 43. NIST Framework at 24-25. enforce supervisory controls and procedures; and 44. Executive Order 13691—Promoting Private Sec- failure to have and implement adequate supervi- tor Cybersecurity Information Sharing, 80 FR 9347 (Feb. 20, 2015), available at http://www. sory procedures to, for example, detect and report gpo.gov/fdsys/pkg/FR-2015-02-20/pdf/2015- suspicious activity and determine when securities 03714.pdf. are part of an illegal unregistered distribution.4 45. See supra n. xviii. Sanctions for these activities have included barring individuals and firms from the securities industry, barring them from associating with a broker-deal- er and/or participating in a penny stock offering, The Treacherous disgorgement ranging between $4,745 and $9.6 million before pre-judgment interest, which was Terrain of Penny often applied, and civil penalties ranging between $20,000 and $3.3 million.
    [Show full text]