The Mac Observer

Skip navigational links

Featured Article: TMO Quick Tip - Finder: Copying File Name Lists

Bogus iPhone Cutback Claims Hurt Investors

by , 11:20 AM EDT, August 1st, 2007

After rumors that Apple was scaling back production of the iPhone surfaced on Tuesday, the company's stock took a sharp nose dive and dropped about US$9. Unfortunately for investor pocketbooks, that rumor turned out to be unfounded, according to CNBC.

TheStreet.com cited a report from the analyst firm Miller Tabak & Co., but now the company has stated that it issued no such news. Peter Boockvar, a trader at the firm, commented "We weren't issuing any kind of report. We don't have an Apple analyst."

Despite the inability to confirm that the rumor was false, investors took it as fact, driving Apple's stock down and cutting $8 billion off the company's market cap.

Apple faced a similar situation earlier this year when a rumor surfaced that the company was delaying the iPhone launch for an additional six months. That rumor also turned out to be false, but the company's stock dropped several points before the information was corrected.

The Mac and iPod maker's stock still hasn't recovered from yesterday's shakeup. Apple is currently trading at $129.85, down 1.91 (1.45%).


If you are interested in Apple's stock, join our forum members in the Apple Finance Boards, a moderated forum for Apple Investors and people who are interested in Apple's financial dealings. For other stories regarding Apple's stock activity, visit our updated Apple Stock Watch Special Report.

  

Observer Comments

Show: Subjects Only | Full Comments
Close Name:Tiger Posts: 969 Joined: 17 Jun 2003
Subject: yeah, I thought so

I posted yesterday that it was bogus, somebody was trying to manipulate the market. And it worked. Start an investigation.

View Name:Guest
Subject:
View Name:Guest
Subject: What news
View Name:Guest
Subject: laughable
View Name:Guest
Subject: When dumbasses sell
View Name:Guest
Subject: people should be charged
Close Name:gslusher Posts: 2063 Joined: 13 Nov 2002
Subject: Re: people should be charged

Quote
Anonymous wrote:
The firm who created and or posted the unconfirmed news should be held liable for losses. Start writing checks or go to prison.


First, I'm not an attorney. However, I am a student of civil rights.

It's probably unlikely that anyone will or even can be prosecuted. There is a little-known and oft-ignored bit of paper called the Bill of Rights, containing, among other things, the First Amendment. Freedom of speech and of the press apply to almost any speech that is not libelous/slanderous, defamatory or fraudulent (despite the contentions of the current US administration).

Libel, slander, defamation and fraud all require malicious intent, if the law students I've worked with were correct. (If I understand correctly, it's even harder to prove slander or libel if the aggrieved party is a pubic figure or corporation.) Damage, alone, is apparently not a sufficient basis. In any case, I believe that slander, libel, and defamation are civil torts, not crimes. Of course, it's possible that fraud could be either civil or criminal (or both).

If it could be proved that whomever initiated the rumor knew that it was not true or probably was not true and initiated or spread it in an attempt (apparently successful) to manipulate the stock price, then, I would think, there might be a case for action. By itself, spreading unconfirmed rumors is probably not actionable. If it were, nearly all journalists covering Wall Street would be in jail, along with a lot of "analysts."

It might also depend upon who initiated/spread the rumor. Journalists, while they may have some sort of ethical code, are probably not regulated by the SEC. Brokers almost surely are. I don't know where "analysts" fit in that determination.

One of the articles about the rumor made the point that all journalists and analysts have made mistakes. If this was simply a mistake, it's part of the game. As some famous person surely must have said, "Sh*t happens."

As the previous guest implied, those who exhibit herd-like behavior and base their investment decisions on rumor, unconfirmed information and fear will, in the long run, be poorer for that. The drop in the stock price is one more bit of proof that the stock market is not "rational."

View Name:Guest
Subject: Bogus iPhone Cutback Claims Hurt Investors
Close Name:Terrin Posts: 374 Joined: 29 Jan 2006
Subject:

Well, I am an attorney, although not a criminal one. I can tell you for a fact that an analyst cannot intentionally issue a false public statement concerning stocks. Manipulating the market is illegal.

The First Amendment is irrelevant for the same reason it doesn't protect somebody who goes into a crowded room and yells fire.


Quote
gslusher wrote:
Quote
Anonymous wrote:
The firm who created and or posted the unconfirmed news should be held liable for losses. Start writing checks or go to prison.


First, I'm not an attorney. However, I am a student of civil rights.

It's probably unlikely that anyone will or even can be prosecuted. There is a little-known and oft-ignored bit of paper called the Bill of Rights, containing, among other things, the First Amendment. Freedom of speech and of the press apply to almost any speech that is not libelous/slanderous, defamatory or fraudulent (despite the contentions of the current US administration).

Libel, slander, defamation and fraud all require malicious intent, if the law students I've worked with were correct. (If I understand correctly, it's even harder to prove slander or libel if the aggrieved party is a pubic figure or corporation.) Damage, alone, is apparently not a sufficient basis. In any case, I believe that slander, libel, and defamation are civil torts, not crimes. Of course, it's possible that fraud could be either civil or criminal (or both).

If it could be proved that whomever initiated the rumor knew that it was not true or probably was not true and initiated or spread it in an attempt (apparently successful) to manipulate the stock price, then, I would think, there might be a case for action. By itself, spreading unconfirmed rumors is probably not actionable. If it were, nearly all journalists covering Wall Street would be in jail, along with a lot of "analysts."

It might also depend upon who initiated/spread the rumor. Journalists, while they may have some sort of ethical code, are probably not regulated by the SEC. Brokers almost surely are. I don't know where "analysts" fit in that determination.

One of the articles about the rumor made the point that all journalists and analysts have made mistakes. If this was simply a mistake, it's part of the game. As some famous person surely must have said, "Sh*t happens."

As the previous guest implied, those who exhibit herd-like behavior and base their investment decisions on rumor, unconfirmed information and fear will, in the long run, be poorer for that. The drop in the stock price is one more bit of proof that the stock market is not "rational."

Close Name:gslusher Posts: 2063 Joined: 13 Nov 2002
Subject:

Quote
Terrin wrote:
Well, I am an attorney, although not a criminal one. I can tell you for a fact that an analyst cannot intentionally issue a false public statement concerning stocks. Manipulating the market is illegal.

The First Amendment is irrelevant for the same reason it doesn't protect somebody who goes into a crowded room and yells fire.


Thanks for the clarification. I did say much the same thing:

"If it could be proved that whomever initiated the rumor knew that it was not true or probably was not true and initiated or spread it in an attempt (apparently successful) to manipulate the stock price, then, I would think, there might be a case for action."

I also made the point that journalists would probably be covered by the First Amendment if they simply reported the rumor, rather than initiated it.

"It might also depend upon who initiated/spread the rumor. Journalists, while they may have some sort of ethical code, are probably not regulated by the SEC. Brokers almost surely are. I don't know where "analysts" fit in that determination."

Are analysts specifically covered by Federal statutes or SEC rules?

The comment from Justice Holmes about falsely "shouting fire in a crowded theater" does not seem to me to quite fit this situation. Wouldn't falsely shouting fire come under the more general "clear and present danger" exception to freedom of speech, which, I understand, requires that the speech incite imminent lawless action, seemingly by other people than the person speaking?

Manipulating stocks, on the other hand, falls under specific statutes. Thus, it seems to me, the speech (rumor), itself, would be the lawless action, rather than inciting others to imminent lawless action. Perhaps that is too fine a point, though.

Comment on this Article


You cannot edit your comments.   You cannot delete your comments.
Log in | Register | Having Problems? Reset TMO Cookies & Try Again
Username:   Password:   Log me on automatically each visit   

You are not logged in, and this post will appear as "Guest." Log in with your username and password from the TMO forums. If you do not have a username, you can register here.
Please note that guests are limited to including a maximum of two URLs per post.


Post A Comment
  Subject


  Your Comments



Please enter the word exactly as you see it in the image above. Registered users aren't prompted for this. Having trouble reading the image get a new one.


Recent Headlines - Updated Wednesday, August 27th, 2008

Wed., 5:00 PM
iPodObserver - What to Do With That Old iPhone 2G
4:00 PM
iPO Review - FileMagnet
3:40 PM
iPO App Store Spotlight - Plum Record Turns iPhone into Digital Audio Recorder
3:10 PM
Study: iPhone Continues Momentum in Enterprise
2:30 PM
After The Core 2 Duo - Unraveling the Zoo of Intel Code Names
1:50 PM
NYT: Ideal of Apple Perfection Doesn't Fit the Facts
1:15 PM
iPodObserver - Security Flaw Allows Access to Screen Locked iPhone
11:20 AM
MacUpdate Springs Back-to-school App Bundle
10:35 AM
Adium 1.3 Sports New Interface, Facebook Support
10:10 AM
Hot Forum Topic - Apple 4Q iPhone Sales Numbers
9:10 AM
iPodObserver - UK Yanks Misleading iPhone Ad
7:55 AM
M Cubed Intros Lighthouse Keeper
 

The Mac Observer Reader Specials

  • Download Typestyler, still the Ultimate Styling Tool for Internet, Print and Video Graphics. Works great in Classic with a Native OS X Version on the way. Free Tryout: www.typestyler.com
  • OWC: NewerTech miniStack FireWire/USB 2.0 HD & Hub Up to 1.0TB of Performance Storage + FW/USB2 Powered Hubs - convenient & sleek 6.5" x 6.5" x 1.5" Featured: 500GB $169.99; 750GB $209.99; 1.0TB $339.99
  • MacBook/MacBook Pro / MacMini / iMac Intel Core2 DUO DDR2 667Mhz 4GB Kit $84, 3GB Kit $60, 2GB Kit $40 1GB $20. Click to Maximize your Macs...
  • Mac observers can now play Party Poker for Mac as well as Mac casino games by going to MacPokerOnline.com.
  • RamJet Memory: Mac Pro FB-DIMMs: 2Gig kit $115, 4Gig kit $179, 8Gig kit for $355! 500G Seagate Hard Drive $129! Click here
  • For the latest Apple products use Ciao a comparison website to find laptops like MacBook Air. Then find the best prices on MP3 players and use our comparison tool to evaluate cell phones.

  • Laptop Hardware Provided by TechRestore - Overnight Mac & iPod Repairs.
  • Special Report: WWDC 2008
  • Special Report: iPhone
  • __________
  • Help TMO Grow
  • Podcast: Mac Geek Gab
  • Podcast: Apple Weekly Report
  • TMO on Twitter!

Apple Stock Quote

  • AAPL: $174.67. Change Today: +1.03.
  • (Prices delayed up to 20 minutes.)
  • Discuss in our Apple Finance Board

Hot Topics

What's the buzz? These articles have TMO readers talking.

Top Deals From DealsOnTheWeb