Friday, February 7, 2014

John Westergaard and SEC settle lawsuit

The only reason the SEC did not impose a fine was because John Westergaard swore that he was totally broke and dying of prostate cancer.

U.S. Securities and Exchange Commission
Washington, D.C.

LITIGATION Release No. 17192 / October 16, 2001
Securities and Exchange Commission v. John Westergaard, et al., U.S. District Court for the Southern District of New York (Civil Action No. 00-9776) (DAB)

SEC SETTLES INTERNET TOUTING CASE AGAINST JOHN WESTERGAARD

On October 11, 2001, the Honorable Deborah A. Batts entered a Final Judgment by consent concluding the Securities and Exchange Commission's litigation against John Westergaard. The Commission's complaint, filed on December 27, 2000, alleged that Westergaard and his companies, Westergaard.com, Inc. and Westergaard Broadcasting Network.com, Inc., violated Section 17(b) of the Securities Act by failing to fully disclose the compensation they received to promote issuers. The complaint further alleged that John Westergaard violated Section 10(b) of the Exchange Act and Rule 10b-5 thereunder by falsely claiming his Internet site provided "independent" analysis.

According to the complaint, John Westergaard and his companies were promoting issuers on web pages called "cyberstations," in press releases describing the company's coverage of issuers on the web site, and in Internet radio-broadcast interviews of officers of issuers. The complaint alleged that the press releases and Internet radio broadcasts referenced the web site, but failed to disclose that issuers paid Westergaard.com to promote their securities. It also alleged that the web site itself failed to identify the amount of compensation issuers paid.

Without admitting or denying the Commission's allegations, Westergaard consented to the entry of a permanent injunction against future violations of Section 17(b) of the Securities Act. The Court did not impose a civil penalty on Westergaard based on his sworn Statement of Financial Condition. Westergaard.com, Inc. and Westergaard Broadcasting Network, Inc. previously settled the charges against them by consenting, without admitting or denying the Commission's allegations, to the entry of an order permanently enjoining them from violating Section 17(b) of the Securities Act. See Lit. Rel. 16842 (December 27, 2000).

http://www.sec.gov/litigation/litreleases/lr17192.htm

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John Westergaard sued by SEC for not disclosing payment received from stocks he touted

Here is one of quite a few lawsuits against John Westergaard by the SEC.

U.S. Securities and Exchange Commission
Washington, D.C.

LITIGATION Release No. 16842 / December 27, 2000

Securities and Exchange Commission v. John Westergaard, et al., U.S. District Court for the Southern District of New York (Civil Action No. 00 Civ.9776)

SEC NAMES WESTERGAARD, TWO ENTITIES IN INTERNET TOUTING CASE

The Commission today sued John Westergaard, Westergaard.com, Inc., and Westergaard Broadcasting Network.com, Inc. (collectively WCI or defendants) for broadly disseminating on the Internet and through press releases purportedly "independent" analysis of publicly-traded securities when in fact defendants had been paid to publish that analysis. The complaint alleges that the defendants charged small-cap publicly traded companies up to $48,000 to publish positive reports about them that were disseminated through three media: press releases, an Internet radio show, and an Internet website. The complaint also alleges that Westergaard misled prospective investors by falsely claiming the analysis was "independent," and that all the defendants failed to comply with mandatory requirements to disclose compensation received in connection with the publication of securities analysis, in violation of Section 17(b) of the Securities Act of 1933. As alleged in the complaint:

WCI widely disseminated press releases to draw attention to its positive analysis of companies. WCI received compensation from four issuers that were the subject of five such press releases. Each of these favorable press releases, failed to disclose that WCI was paid to publicize the issuers' securities. Two of the press releases included the false claim that the research was "independent."
Westergaard interviewed executives of five client companies on a weekly radio show he hosted known as "Johnny Dot.com," that was broadcast on an Internet radio station featuring investment-oriented programming. The interviews presented favorable views of the companies and their prospects. Westergaard did not disclose on the radio show broadcasts the compensation the companies had paid.
The full text of the analysis was disseminated through an Internet site called Westergaard Broadcasting Network, or WBN, that Westergaard founded, and served as publisher and editor-in-chief. During a prior Commission inquiry into Westergaard's disclosure of the amount of compensation received from issuers covered on the Internet site, Westergaaard added the required compensation disclosure to his web site. On or about April 14, 2000, after he was notified that that inquiry was closed, Westergaard deleted the amount of compensation from his disclosure. Thereafter, he continued to publish analyses of six companies for which WCI received compensation, and a seventh that had agreed to pay in the future.

Simultaneously with the filing of the Complaint, Westergaard.com, Inc. and Westergaard Broadcasting Network, Inc. settled the charges against them by consenting, without admitting or denying the Commission's allegations, to the entry of an order permanently enjoining them from violating Section 17(b) of the Securities Act.

As to John Westergaard, the Complaint seeks a permanent injunction against violations of Section 17(b) of the Securities Act, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, and civil penalties.

http://www.sec.gov/litigation/litreleases/lr16842.htm

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John Westergaard wbn.com Y2K Stock Promoter

John Westergaard (July 2, 1931 - January 31, 2003) full name Johannes Askildsen Westergaard was born in New York to Norwegian immigrants Otto Johannes Grundtvig Westergaard and Astrid Stang.

John Westergaard was a company stock promoter. Westergaard was paid money to positively promote the shares of small, generally worthless scam companies such as PPD, UMCC, BIKR. Legally he had to disclaim that he was paid to promote the companies in his websites and on messages boards but he did not. For that reason Westergaard was sued by the Securities and Exchange Commission for securities fraud and "failing to fully disclose the compensation he received to promote issuers."

Even after John Westergaard was sued by the SEC and lost, he continued to promote stock scams without a disclaimer. I reported him to the SEC many times. He threatened to sue me then even threatened to kill me. He never sued me. As for killing me, here I am.

The SEC sued him again for failing to disclaim and won again. I provided them with all the evidence and the SEC thanked me. After he was sued he started a website attacking the SEC saying they were against his right to free speech. The SEC was against his ripping off investors by telling them to mortgage their house to buy shares in a company that ended up going bankrupt. Westergaard preyed upon the elderly telling them to invest their entire retirement savings in stock scams that went bankrupt.

Westergaard was called to the mat by me, Pluvia, Truthseeker, Sir Auric. Westergaard offered a reward for the name of user Pluvia. No one gave him the name. I reposted Pluvia's reports in my own name and told Westergaard he could sue me if he liked. He said he did but he didn't.

Westergaard started the Westergaard Fund stock symbol WSYS. WSYS was eventually delisted after the SEC sued Westergaard for not filing reports. The SEC delisted the shares to "protect investors." WSYS basically printed shares which they sold for money for Westergaard.

John Westergaard was also involved in the Y2K hoax. Westergaard stated that planes would fall out of the sky, cars wouldn't operate, all power would be gone, there would be no food or water at the stroke of midnight December 31, 1999. The entire world would be in utter chaos because some computers write years such as "13" instead of "2013." He offered to sell a book, a cassette tape and a kit that would prevent this. When January 1, 2000 finally arrived it turned out this was just a hoax by Westergaard. Westergaard profited from fear mongering hoax.

John Westergaard was married to Broadway producer Louise Arnold (Westergaard O'Neil) September 2, 1937 - May 6, 2005. They had four children Emile April 2, 1966, Cathrine December 15, 1968, Elizabeth 1970, Kermit Stand February 10, 1970. The marriage ended in divorce then Louise married Stephen O'Neil in 1989.

John Westergaard got prostate cancer that spread to his spine. John Westergaard was a total piece of shit who fleeced many investors. I posted the truth about the scam stocks he promoter. I was sued twice for defamation for outing scam stocks. I represented myself pro se and won both cases. Those companies went bankrupt just as I predicted.