The US Securities and Exchange Commission announced on Tuesday that it has obtained
an emergency asset freeze to halt an Estonia-based 'account intrusion' scheme
that targeted online brokerage accounts in the US, in order to manipulate the
markets.
In an emergency federal court action filed in the United States District Court
for the Southern District of New York, the Commission charged Grand Logistic,
S.A., a Belize corporation located in Tallinn, Estonia, and its owner, Evgeny
Gashichev, a citizen of Russia, with conducting a fraudulent scheme involving
the manipulation of the prices of numerous stocks by the unauthorized use of
other people's online brokerage accounts (account intrusions).
The Commission alleged that, between August 28, and October 13, 2006, Grand
Logistic and Gashichev made $353,609 in unlawful profits by conducting at least
25 separate manipulations, involving the securities of at least 21 companies.
Acting on the Commission's request, the Court issued a temporary restraining
order which, among other things, freezes the defendants' assets and orders the
repatriation of funds taken out of the United States.
Linda Chatman Thomsen, Director of the SEC's Division of Enforcement, explained
that:
"Account intrusions combine securities fraud, identity theft and hacking.
Our action today demonstrates, once again, that the Commission will seek out
and stop those who would prey on investors, in whatever manner."
The Commission's complaint alleged that, to effect his "pump and dump"
manipulations, Gashichev purchased shares of small, thinly-traded companies,
with low share prices, through an online trading account he opened in the name
of Grand Logistic at an Estonian financial services firm that has an omnibus
account at a US broker-dealer through which the defendants traded.
Often within minutes of the purchase, Gashichev used electronically stolen
usernames and passwords to gain unauthorized Internet access to one or more
online brokerage accounts (the intruded accounts) for the sole purpose of pumping
up the price of the stock he had just purchased at lower prices. He also used
electronic means to hide his identity, and mask the means by which he intruded
into accounts.
The complaint further alleged that, without the knowledge or consent of the
victimized accountholders, and using the victim's own funds, Gashichev placed
orders through these intruded accounts to purchase large blocks of the same
stock at artificially inflated prices -- often many times the volume of his
initial purchases.
These purchases created buying pressure and the false appearance of legitimate
trading activity, which caused the price of the stock to greatly increase. Gashichev
then sold, at a profit, the shares he had earlier purchased in the Grand Logistic
account. The share prices of the manipulated stocks invariably fell sharply,
and the victims suffered losses in their accounts.