AppTech Payments Corp (APCX)

[jmurfk]

Marking the Close Violations

3. Marking the close "is the practice of attempting to influence the closing price of a stock by executing purchases or sale orders at or near the close of the market." Thomas C. Kocherhans, 60 S.E.C. Docket 2210, 1995 WL 723989, at *2 (1995). The Commission has held that the practice of marking the close constitutes market manipulation and thus violates Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. See e.g., id.; Alexander Scheshunoff, 62 S.E.C. Docket 821, 1996 WL 387682, at *2 (1996); Harry S. Pack, 54 S.E.C. Docket 387, 1993 WL 183820 (1993). Furthermore, according to Congress, market manipulation subverts a primary objective of the Exchange Act, which is "to give to investors markets where prices may be established by free and honest balancing of investment demand with investment supply." H.R. Rep. No. 1383, 73d Cong., 2d Sess. (1934) at 11.