warning, page-5

George,

In response to your questions -

Question - even if a number of people on this site post incorrect information how can you:

a) prove that they did so with the deliberate intent to mislead others?
PROSECUTERS TAKE INTO ACCOUNT THE COMMENTS MADE. IF NO FACTUAL INFORMATION IS MADE AVAILABLE TO QUANTIFY THE COMMENTS MADE WHEN 'RAMPING UP' A STOCK, THEN INTENT CAN BE SHOWN.

b) prove that others solely followed the advice of the person posting the misleading info?
MISLEADING ADVICE IN THE FORM OF 'RAMPING UP' A STOCK ON IT'S OWN IS A PROSECUTABLE OFFENCE. IF THE INFORMATION IS PUBLISHED ON A PUBLIC FORUM THEN THAT IS ENOUGH TO PROVE MISLEADING BEHAVIOUR.

c) prove that there was no contributory negligence on the part of the other person who followed the advice of the misleading poster? (ie failure to do own due diligence)
SO LONG AS THE INFORMATION IS POSTED ON A PUBLIC FORUM AND IS MISLEADING WHILE RAMPING THAT IS ENOUGH ON IT'S OWN.

THE WEBSITE HERE (AND THE OTHER SHAREMARKET FORUMS) HAVE CODES OF CONDUCT CLEARLY STATING RAMPING/MISLEADING INFORMATION IS NOT ALLOWED. SUCH CAN BE REPORTED TO THE REGULATORS FOR APPROPRIATE ACTION.

WHETHER PEOPLE FOLLOW THE INFORMATION IS IRRELEVANT TO THE CASE IN LAW. THE FACT THAT SOMEONE IS RAMPING UP A STOCK WITHOUT FACTUAL INFORMATION TO BACK IT UP IS AN OFFENCE AND PROSECUTION CAN OCCUR.

AN EXAMPLE WOULD BE THE RECENT POSTING BY 'BBM' ON A VENTRACOR TAKEOVER BID BEING IMMINENT. IN THIS CASE THERE WERE NO FACTS TO BACK UP THE CASE, AND THE INDIVIDUAL LATER ACKNOWLEDGED THE INFORMATION THEY POSTED WAS INCORRECT.
A VERY EASY PROSECUTION IN THIS CASE, AND WHETHER BY COINCIDENCE OR NOT, THE STOCK ROSE IN THE PERIOD FOLLOWING THE POST. I AM LED TO BELIEVE SIMILAR POSTS WERE PLACED ON OTHER FORUMS WITHIN A SHORT TIMEFRAME, SO ONE CAN DRAW THEIR OWN CONCLUSIONS FROM THIS.

REGARDS,

M