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WorldNetDaily's financial columnist faces $1.5 million SEC sanction

March 09, 2010 3:40 pm ET by Terry Krepel

Yesterday, we highlighted how WorldNetDaily financial columnist Porter Stansberry bragged that he's ready to flee the country at a moment's notice with most of his wealth to a locale "that doesn't have any ties to America." We did some looking into Stansberry's background and found a large sanction against him from the Securities & Exchange Commission.

In 2003, the SEC filed a complaint against Stansberry, his operation (then called Pirate Investor, now called Stansberry & Associates), and the company that owns Stansberry's operation, Agora Inc. The SEC argued that Stansberry's newsletters "contain nothing more than baseless speculation and outright lies," citing an example in which Stansberry promised investors they could double their "investment dollar in a single day" on one stock tip, which he would sell for $1,000. In fact, the stock went down nearly 15 percent on the day Stansberry promised investors they would double their money.

In 2007, the SEC ordered Stansberry and his company to pay $1.5 million in restitution and civil penalties, stating that, according to an August 10, 2007, Baltimore Sun article (retrieved from Nexis), Stansberry's company "acted in reckless disregard for regulations when it published Stansberry's unbelievable claims without a shred of confirmation." The parent company, Agora, was not held liable.

Stansberry appealed the fine and tried to press his case in public. Stansberry's lawyers, David Rivkin Jr. and Bruce Brown, penned a November 2008 Wall Street Journal op-ed arguing that the SEC has no jurisdiction in the case because it didn't involve insider trading. The issue is regulation of "disinterested stock analysis," Rivkin and Brown wrote, and "the SEC has no more business penalizing a writer who simply covers the markets than the Food and Drug Administration has in regulating a cookbook publisher because an official questions the nutritional content in a meatloaf recipe."

In September 2009, the Fourth U.S. Circuit Court of Appeals upheld Stansberry's SEC sanction, stating that securities fraud is not protected speech and "[p]unishing fraud, whether it be common law fraud or securities fraud, simply does not violate the First Amendment."

Stansberry has popped up on occasion in more mainstream news outlets. Barron's touted him as "highly regarded" and "remarkably prescient" in July 2008; a February 2009 Associated Press article cited Stansberry, as did a separate February 2009 USA Today article.

None of these articles mentioned Stansberry's SEC fine. Unsurprisingly, WorldNetDaily hasn't either. Quite the contrary: When his column began in December 2009, WND claimed it was "introducing readers looking for sound, reality-based investment information to the respected financial research outfit Stansberry & Associates."

How does "sound, reality-based investment information" mesh with a $1.5 million SEC sanction for selling "unbelievable claims without a shred of confirmation" to investors? That's something WND (and Stansberry) should explain.

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    • Author by mustardman (March 09, 2010 3:57 pm ET)
      6  
      As long as it is WND readers getting shafted I'm quite comfortable with letting him get away with it.
      Report Abuse
    • Author by DellDolly (March 09, 2010 3:59 pm ET)
      6  
      Wow, MMFA, you guys rock! Great catch here.
      Report Abuse
    • Author by txthinker (March 09, 2010 4:03 pm ET)
      6  
      Look for the loonies at World Nut Daily to replace Porter Stansberry with Bernie Madoff. :-)
      Report Abuse
    • Author by GBU-15 (March 09, 2010 4:05 pm ET)
      5  
      Where there is smoke there is fire. I wonder if this story might indicate even deeper problems than the SEC sanctions?
      Report Abuse
    • Author by pete592 (March 09, 2010 4:19 pm ET)
      3  
      Well, now I can't say I blame him for wanting to leave the US. If my talent was ripping people off, I'd probably want to relocate to a country where I'm not as likely to get caught and prosecuted.
      Report Abuse
    • Author by rwmacdonald2091 (March 09, 2010 4:45 pm ET)
      4  
      Given that this guy was issued a 1.5 million dollar fine under the Bush admnistration, he must have been really blantant and obvious.

      Report Abuse
    • Author by Major Tom (March 09, 2010 4:52 pm ET)
      3  
      Somebody check his boat slip.
      Report Abuse
      • Author by Andy Kreiss (March 09, 2010 5:33 pm ET)
        3  
        It's more Republican math and logic. Maybe the stock dipped 15% instead of doubling, but it was the taxes and regulation that prevented Stainsberry from making a killing.

        They just can't admit that they're not very good with money.

        Report Abuse
    • Author by Tex (March 10, 2010 10:29 am ET)
         
      If you think Madoff ran a large scam, Amway is also a scam that has ripped off millions of people for several decades, to the tune of 10s of billions of dollars:

      Amway is a scam, and here's why: Amway pays out as little money as they can get away with, so they support the higher level IBOs ripping off their downline via the tool scam.

      As a result, about 99% of IBOs operate at a net loss, while the top 1% make several TIMES more from their Amway tool scam than from the Amway products. This was made illegal in the UK in 2008, but our FTC is unable to pull their heads out of their butts to stop it here.

      Read about it on my blog, I suggest you start here: http://tiny.cc/D5oJh and forward the information to everyone you know, so they don't get scammed.
      Report Abuse

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