SEC investigates legality of ‘channel checks’

Business

Some analysts could soon find themselves in hot water as the U.S. Securities and Exchange Commission has opened an investigation into the legality of “channel checks.” Channel checks refer to the practice whereby analysts contact inside sources at manufacturing companies in order to glean inside information. This information often has a tendency to move the market, of course, but the SEC is now trying to determine whether or not the practice should be legal. “Insider trading basically comes down to where you know or ought to know that the person from whom you’re getting this information has a duty to someone else to keep it confidential,” former SEC commissioner Paul Atkins told The Wall Street Journal. “If you go in and pay the mail clerk to give you special information, that’s not proper.” Beyond just the analysts involved, the SEC is also investigating “expert networks,” which get paid to connect investors with inside sources.

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6 Comments
  • Steve

    It’s about time this was looked into. How often do you see an analyst report that reads “Based on our channel checks, iPhone’s are significantly outselling Android and BlackBerry’. It’s a pretty easy result to achieve if your channel check consists of phoning Apple stores.

  • marK

    HA! Those consulting/networks guys are always crawling (phoning) around here (clin. drug trials). You basically make $100 an hour (min) to sit in on a call and answer questions. They’re basically trawling for information and stupid people with big mouths; about time they cracked down on this.

  • Regagade

    you idiots are missing the point.

    it’s really not illegal or wrong to call up a store rep and asked them how sales are doing. honestly, one or one thousand store reps combined still isn’t going to give you an actual ‘hard’ number – just general trends. this is nothing more than like reading through blogs like this one and getting a “sense” for what people are buying.

    what is WRONG is an analyst calling up the CFO or Supply Chain Manager of a company and asking them what their quarter end sales results were or trying to get a more ‘quantitative’ answer out of them, in exchange for some $$$.

    the job of an analyst is to analyze trends, from all sorts of sources.

    you go to an analyst for various reasons. mainly for stock advice, but consulting groups can use this data too, to help other companies (maybe a start up?) to determine what the current market conditions of a service or product are.

    if i am a guy with a new business venture on say, online shopping, a new online shopping storefront – i would like to get a “sense” of what the current market is for that. how have trends been moving? are we seeing more web traffic now or less web traffic from a year ago? going to a b unch of sites and reading their research conducted on the amount of traffic, and maybe even some detail on whether more “Money” is being made from this traffic will go a long way in determining whether or not i want to go into my business at this point in time.

    this is far different from calling up a supplier and asking him what the total number of iPhone sales were, the 100% guarantee, and then using that information to say “we estimate that iPhone sales will be 5.2Million” (when really, you actually are not estimating – you are using insider information).

    calling up a bu nch of AT&T stores to try and figure out if AT&T sold more iPhones this quarter versus last quarter is hardly an issue. even the 13 year old punk kid who wants to buy an Iphone may know this “trend” just by talking to his buddies who are saying “yeah, i bought an iPhone last month, because i see more and more of the cool kids buying it now than ever before”.

    • marK

      Can’t comment about the tech/online ad industry that you cite in your example; but, in the pharma industry–where a clinical trial can determine if billions of research dollars and potential income have been wasted–these networks ask questions aimed at revealing the performance of the trials.

      It’s not as if they call drug company X and ask ‘is it working?’ They pull in managers from the service centers administering the trial and go about deducing information from the answers supplied (note, all information about these trials is supposed to be confidential). If they manage to frame the ‘conversation’ correctly, they can get the uninitiated to inadvertently reveal specific details.

      Never trust a meeting agenda coming from those outside your company and always watch your mouth.

      • Regagade

        that’s why we have forms called “non compete forms” or “non disclosure forms”.

        if you’re not supposed to talk about it…. then don’t.

        after all, if there are private issues in your household that you don’t want to share… then… .. dont.

        it’s that simple.

  • Regagade

    that’s why we have forms called “non compete forms” or “non disclosure forms”.

    if you’re not supposed to talk about it…. then don’t.

    after all, if there are private issues in your household that you don’t want to share… then… .. dont.

    it’s that simple.

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