Thursday, August 19, 2010 8:51:44 AM
Rule 10b-5
http://en.wikipedia.org/wiki/SEC_Rule_10b-5
This applies to the outright lies, as told by Shayne. There is no safe harbor for lying. When you announce a dividend with no intent or ability whatsoever of paying it, that's a 10b-5 violation. The three things that protect Shayne and BZTG from prosecution is his ineptness at pumping a stock, the fact he is in Thailand and the fact the stock and company are essentially irrelevant. Without an effective pump, the risk to the general public is low so it remains off the SEC enforcement divisions highest priority list.
"Rule 10b-5: Employment of Manipulative and Deceptive Practices":
It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any facility of any national securities exchange,
(a) To employ any device, scheme, or artifice to defraud,
(b) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or
(c) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person,
in connection with the purchase or sale of any security."
As a result, Shayne just rambles around posing as someone important and destroying any company foolish enough to invite him in along with the portfolio of anyone gullible enough to invest in his lies.

