Article: What is market manipulation?

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What is market manipulation?

Thomas Dixon, 25 May 2021

“The market is manipulated by big sharks.”

“The price isn’t moving when it should be.”

And a lot more. That’s how people on the internet speak about stock manipulation or market manipulation. But, what is it, really?

What is manipulation?
Psychologically speaking, manipulation is a form of social control that uses indirect, misleading, or underhanded techniques to alter the behavior or opinion of others. Such tactics could be called exploitative and devious since they further the manipulator’s objectives at the cost of others. Continue reading “Article: What is market manipulation?”

Article: Column: Forget GameStop and short sellers — the SEC says ‘OCMillionaire’ manipulated a worthless stock higher

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Column: Forget GameStop and short sellers — the SEC says ‘OCMillionaire’ manipulated a worthless stock higher

Michael Hiltzik, 17 March 2021

If you’ve been following the ludicrous saga of trading in GameStop shares, you’ve probably heard about how short sellers try to profit by manipulating stocks to fall in price.

But that’s not the only way people try to play the market.

The Securities and Exchange Commission just unveiled fraud charges against a trader allegedly trying to profit by manipulating a stock higher.

He’s Andrew Fassari, a 33-year-old Orange County resident. According to the SEC, he staged a vigorous campaign in December using the Twitter handle “OCMillionaire” to suck penny-stock investors into shares of Arcis Resources Corp., which had been defunct for years.

Fraudsters can use online platforms (including social news aggregators, investment research websites, online investment newsletters, ratings websites, message boards, chat rooms, and discussion forums) to spread false or misleading information.

Securities and Exchange Commission

Fassari made $929,693 in his first round of trading in Arcis shares from Dec. 9 through Dec. 16, the SEC says in a complaint unsealed in Los Angeles federal court Monday. He bought back in on Dec. 17 and sold his entire stake the next day, sustaining a loss of $436,312.

Fassari’s overall net gain was $493,381, the SEC says. The agency notes that Arcis never traded higher than about 5 1/2 cents while Fassari was buying, selling and promoting, and often traded for a few tenths of a cent.

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Article: Forget GameStop and short sellers — the SEC says ‘OCMillionaire’ manipulated a worthless stock higher

Article - Media, Publications

Forget GameStop and short sellers — the SEC says ‘OCMillionaire’ manipulated a worthless stock higher

Erin Clark, 16 March 2021

Fool’s gold? The SEC alleges that a stock manipulator sucked investors into a worthless company by claiming it was about to become a big player in cannabis.

If you’ve been following the ludicrous saga of trading in GameStop shares, you’ve probably heard about how short sellers try to profit by manipulating stocks to fall in price.

But that’s not the only way people try to play the market.

The Securities and Exchange Commission just unveiled fraud charges against a trader allegedly trying to profit by manipulating a stock higher.

He’s Andrew Fassari, a 33-year-old Orange County resident. According to the SEC, he staged a vigorous campaign in December using the Twitter handle “OCMillionaire” to suck penny-stock investors into shares of Arcis Resources Corp., which had been defunct for years.

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Article: United States: Open-Market Manipulation Under SEC Rule 10b-5 And Its Analogues: Inappropriate Distinctions, Judicial Disagreement And Case Study: FERC’s Anti- Manipulation Rule

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United States: Open-Market Manipulation Under SEC Rule 10b-5 And Its Analogues: Inappropriate Distinctions, Judicial Disagreement And Case Study: FERC’s Anti- Manipulation Rule

Maxwell K. Multer,  01 September 2011

Regulators have addressed market manipulation with Rule 10b-5 since its promulgation under the Securities Exchange Act in 1942. While Section 9 of the Securities Exchange Act addresses manipulation of securities prices, it requires the specific intent “for the purpose of inducing the purchase or sale of such security by others”1 or “for the purpose of creating a false or misleading appearance [of market activity] . . ..”2 It is likely for that reason that prosecutors rarely use Section 9, choosing instead to bring manipulation proceedings under Rule 10b-5.3 But as the tools available for accomplishing market manipulation have evolved, the judicially narrowed contours of Rule 10b-5 may be such that certain new schemes escape liability. With modern advances in trade execution, market platforms and derivatives, it is now possible to accomplish a profitable market manipulation without engaging in any overtly fraudulent or illegal behavior.

Several courts have elected to distinguish between these alleged schemes and schemes which do include illegal behavior, employing a higher level of scrutiny and requiring proof of additional elements in the former situation. Manipulative schemes are referred to as “open market manipulations” when the alleged scheme is accomplished solely through the use of facially legitimate open market transactions. That is, where the manipulator has not engaged in any conduct that is inherently or otherwise illegal, such as fictitious transactions, wash sales or by disseminating false reporting. The transactions are seemingly legitimate, but for their manipulative intent and effect in combination. Continue reading “Article: United States: Open-Market Manipulation Under SEC Rule 10b-5 And Its Analogues: Inappropriate Distinctions, Judicial Disagreement And Case Study: FERC’s Anti- Manipulation Rule”