Technology
September 21, 2000

Teen Settles Stock Manipulation Case

By GRETCHEN MORGENSON

Jonathan G. Lebed, 15, is the first minor to be sued by the Securities and Exchange Commission.

 


By day, Jonathan G. Lebed was just another 15-year-old high school student in Cedar Grove in northern New Jersey. But after school, securities regulators say, Mr. Lebed masterminded a stock manipulation scheme on the Internet that earned him almost $273,000 in illegal gains.

Yesterday, just days before Mr. Lebed's 16th birthday, the Securities and Exchange Commission accused the teenager of developing a scheme to increase the prices of nine obscure, low-price stocks he had bought by sending numerous optimistic messages to investing chat rooms on the Internet. As other investors read his messages and bought the shares, prosecutors said, Mr. Lebed sold his holdings at profits ranging from $11,000 to $74,000 a trade. The scheme began in August 1999, when Mr. Lebed was 14, prosecutors said, and continued until Feb. 4 this year.

Mr. Lebed settled with the S.E.C. yesterday, neither admitting nor denying the civil accusations but agreeing to pay the money he made plus interest, for a total of $285,000.

The S.E.C. did not require him to pay a fine or penalty. His lawyer, Kevin H. Marino, said, "The Lebeds feel that this is a reasonable settlement, and they are very happy to have the entire matter behind them." Neither of Mr. Lebed's parents was accused of wrongdoing by the S.E.C. Mr. Lebed was not available for comment.

Late yesterday afternoon, Gregory Lebed, Jonathan's father, stood outside the family's two-story brown- shingle house greeting reporters. Dressed in jeans and a gray T-shirt, he said he could not comment on his son's situation other than to say he was fine. "He's a good student," he said. Acknowledging that many people are trading stocks on the Internet these days, Mr. Lebed said: "So they pick on a kid."

Regulators said Jonathan Lebed was the first minor to be sued by the S.E.C. "Jonathan Lebed's conduct was essentially a pump-and-dump scheme, and it was every bit as serious as other Internet fraud cases we have brought," said David S. Horowitz, assistant district administrator at the S.E.C.'s Philadelphia district office. "What's different is his age."

Mr. Lebed conducted his trading in accounts set up for him in his father's name at two different brokerage firms. One was a firm that caters to online investors.

Eleven times, regulators said, Mr. Lebed bought a large block of a small stock. A few hours after each purchase, he would send as many as 500 false and misleading e-mail messages to various Yahoo Finance message boards promoting the stock he had just bought. The messages were sent using fictitious names, making it seem that many different investors thought the stocks held promise.

Often at the same time that he bought the shares, Mr. Lebed would place an order to sell them at prices well above the prevailing market, Mr. Horowitz said. This was done to ensure that he could profit from a jump in the stock even if it came during the day while he was at school, Mr. Horowitz said.

Mr. Lebed lured investors into the stocks with predictions that the shares would soon soar in price. He said in one message that a company trading at $2 would be trading at more than $20 "very soon." Another posting said that a stock would be the next "to gain 1,000 percent."

The regulators said that Mr. Lebed's messages always caused the price and volume of the mentioned stocks to increase significantly. In some cases, the stocks reached their record highs in both price and volume after the e-mail messages. Shares of all nine of the companies Mr. Lebed sent e-mail messages about are traded on the over-the- counter bulletin board, a market for the smallest and least-known stocks.

The stocks involved in Mr. Lebed's scheme were Manchester Equipment, Just Toys, Yes Entertainment, Fotoball USA, Man Sang Holdings, West Coast Entertainment, Havana Republic, Classica Group and Firetector. None of the companies have been charged with any wrongdoing in the matter.

Mr. Marino described Mr. Lebed as a self-taught stock trader who developed an interest in the market when he was 12. "He has done other investing and has done extremely well," he said.

About three or four years ago, Mr. Lebed and two schoolmates at the Memorial Middle School in Cedar Grove entered a nationwide stock- picking contest and did very well, said a resident who spoke on the condition of anonymity. The three were featured in an article in the local newspaper, The Verona Cedar Grove Times.

Mr. Lebed was described as a loner and an outsider in a high school known for its cliques. "He's a nice kid, just a little different," the resident said.

The Lebed home is in a hilly, wooded neighborhood where some residents can see Manhattan. A neighbor out tending his lawn, who declined to identifiy himself, raised his eyebrows yesterday when he heard about the profits Mr. Lebed had been accused of making. He said, "I just wish he'd told me about it, that's all I can say."

Regulators declined to say how they found out about Mr. Lebed's trading. Mr. Horowitz said the S.E.C.'s Internet surveillance team often identified unusual trading activity in stocks that can lead to such cases. He also said that brokerage firms sometimes tipped the agency off to highly profitable, short-term trading in customers' accounts.

Perhaps the most amazing aspect of this case is that there are investors who will buy stocks based on anonymous Internet tips. Even though the messages had little substance — one characterized an investment as "the most undervalued stock ever" — investors rushed in.

Ronald C. Long, administrator of the S.E.C.'s Philadelphia district office said: "I implore investors to be highly skeptical of any advice they receive from the Internet. People should do thorough research before making investment decisions and verify all information before acting on it."

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