Ebola Stock Scams – FINRA Risk Alert
The Financial Industry Regulatory Authority (“FINRA”) recently issued a Risk Alert about Ebola Stock Scams. The Risk Alert warns investors about potential investment scams involving companies that claim to be involved in the development of products that will prevent the spread of Ebola and other viral diseases like Middle East Respiratory Syndrome (MERS). The FINRA Risk Alert cautions investors to be cautious of promotions touting penny stocks that claim to protect against the spread of viruses or other harmful diseases. These may be the signs of a “pump and dump” scheme. Pump and dump schemes are designed to trick investors into buying shares by using aggressive and optimistic statements about a company’s business.
These types of scams frequently involve bogus statements that are delivered in email alerts, press releases and other media. Once the share price and volume increase, the scammers sell their shares at a profit, leaving investors with worthless securities.
The FINRA Risk Alert reflects its awareness of several Ebola stock scams involving companies that claim to be involved in the development of products that will prevent the spread of viral diseases such as Ebola. Typically, the securities of penny stocks with a weak financial condition are often pump-and-dump targets. The individuals behind the Ebola stock scheme are often paid promoters or company insiders who stand to gain by selling their shares after the stock price is “pumped” up by the buying created by the promotion.
The FINRA Risk Alert provided the useful tips below to avoid Ebola stock scams.
Consider the source. Be skeptical of press releases, emails and promotional materials from unknown senders hyping a company and its products. Companies and their promoters often make exaggerated claims about lucrative contracts or acquisitions, patent-pending technology, potential revenues, profits or future stock price. Be wary if you are flooded with information over a short period of time, especially if the communications only focus on a stock’s upside with no mention of risk. Dozens of press releases issued over a short period of time and containing essentially the same news is a red flag.
Do some sleuthing. Find out who is at the controls of a company before you invest. A basic Internet search is a good place to start. Proceed with caution if you turn up indictments or convictions of company officials, or news reports that raise red flags. Likewise, try to contact the company and its personnel. Non-working phone numbers and bogus business addresses often can be revealed through a simple phone call or Internet search.
Know where the stock trades. Most stock pump-and-dump schemes involve stocks that do not trade on The NASDAQ Stock Market, the New York Stock Exchange or other registered national securities exchanges. Instead, these stocks tend to be quoted on an over-the-counter (OTC) quotation platform like the OTC Bulletin Board (OTCBB) or the OTC Link Alternative Trading System (ATS) operated by OTC Markets Group, Inc. Companies that list their stocks on exchanges must meet minimum listing standards. For example, they must have minimum amounts of net assets and minimum numbers of shareholders. In contrast, companies quoted on the OTCBB or OTC Link generally do not have to meet any minimum standards (although companies quoted on the OTCBB, OTC Link’s OTCQX and OTCQB marketplaces are subject to some initial and ongoing requirements).
Read a company’s SEC filings. Most public companies file reports with the Securities and Exchange Commission (SEC). Check the SEC’s EDGAR database to find out whether the company files with the SEC. Verify these reports against promotional information the company or its promoters have sent you and exercise caution if they don’t align. Also, be suspicious of solicitations to invest when products are in still the development stage, but no actual products are on the market, or if the company’s balance sheets only show losses.
Remember that just because a company has registered its securities or has filed reports with the SEC does not mean it has been approved by the SEC or that the merits of an investment in the company have been assessed.
Be wary of frequent changes to a company’s name or business focus. Frequent name changes may be a sign that a company is engaged in a potential fraud. Name changes can turn up in company press releases, Internet searches and, if the company files periodic reports, in the SEC’s EDGAR database. Changes to a company’s business focus also may be an indication of a potential scam. Watch out for companies that change their names or tout new disease-prevention product lines following extensive media coverage about a potential viral disease outbreak.
Read the fine print. Pay attention to statements that accompany unsolicited information you read about a company. They may provide context so you can properly evaluate the information. Disclosure statements in promotional materials may reveal that the senders have been paid large sums of money to provide optimistic coverage of the stock.
Don’t fall for name dropping. Citing a relationship with a government agency, prominent company or academic institution may be a ploy to create legitimacy for a company that does not deserve it. Be skeptical about these claims and try to confirm their authenticity. Also be wary if a company claims that it has received a “seal of approval” or similar distinction for its products. In some cases, companies pay an annual fee for these accolades or to remain on an organization’s “recommended products” list.
For further information about this securities law blog post, please contact Brenda Hamilton, Securities Attorney at 101 Plaza Real S, Suite 202 N, Boca Raton, Florida, (561) 416-8956, by email at [email protected] or visit www.securitieslawyer101.com. This securities law blog post is provided as a general informational service to clients and friends of Hamilton & Associates Law Group and should not be construed as, and does not constitute, legal advice on any specific matter, nor does this message create an attorney-client relationship. Please note that the prior results discussed herein do not guarantee similar outcomes.
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Brenda Hamilton, Going Public Lawyer
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