The Justice Department recently made headlines with its indictment of stock spam honcho Alan Ralsky, whom it accused of running a "spamming operation that, as alleged in the indictment, largely focused on running a stock pump and dump scheme, whereby the defendants sent spam touting thinly traded Chinese penny stocks, drove up their stock price, and reaped profits by selling the stock at artificially inflated prices."
Gary Weiss provides his usual skeptical insight, pointing out that what the "Justice Department doesn't say is that Ralsky was hardly holed up in some cave in Afghanistan. He was operating out in the open, and was even the subject of an article in The New York Times, for Pete's sake. The Spamhaus Project has a file on this man a mile long, and notes that the FBI raided his house three years ago."
The fact that it took the feds so long to do something -- and the fact that the SEC never did anything -- is interesting and indicative of the old saying that "the wheels of justice grind slowly."
Here's the lesson investors should take from this: the fact that no one has been arrested and trading hasn't been suspended doesn't mean that nothing is amiss. Investors cannot rely on the SEC to protect them from fraudulent investments.
Nearly a year ago, I began writing about a company called Usana Health Sciences (NASDAQ: USNA), and evidence presented by a critic suggesting that the company was operating a pyramid scheme. According to Usana's latest 10-Q, the SEC is still conducting an informal investigation into the allegations.
Since then, I've received emails to the effect of, "Nothing has come of it in that time and therefore you're wrong."
It's certainly possible that no action will be taken -- but the fact that no action has been taken yet does not mean anything. This is true for a scores of other companies that are under the scrutiny of financial journalists, Overstock.com (NASDAQ: OSTK) being the most high profile of them.
The point is this: investors should look at companies skeptically, and you have to protect yourself. The SEC is doing what it can, but that isn't much in the grand scheme of investors getting taken advantage of.
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