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REGULATORY CASES OF NOTE

NASD REGULATION, INC.

OFFER OF SETTLEMENT

TAGLICH BROTHERS, INC. and
MICHAEL NICHOLAS TAGLICH (Registered Principal)

NASD Case #CAF010028
August 2002

SOURCE CITE

 

NOTE: 
OFFERS OF SETTLEMENT and AWCs are made without 
admitting or denying the allegations, but consenting to the described sanctions and to the entry of findings

Introducing firm received portion of spread on markets made at its request by clearing firm.  Did not disclose payment to customers.  Failed to properly disclose capacity and execution times.

Taglich Bros.'s clearing firm made markets in securities requested by its introducing broker-dealer customer.  The clearing firm agreed to pay Taglich Bros. a portion of the the spread on some of the executed trades.  The portion paid by the clearing firm would be split between Taglich Bros. and the registered representative who generated the trade.  The RR also received a regular commission on the trade. 

NASD cited the firm for not disclosing on confirmations theamount of the paid spread. In addition, the firm failed to correct the confirmation slips to reflect the additional compensation, and the confirmations failed to state clearly whether the firm or the clearing firm was acting in a principal or agency capacity. NASD also found that the firm failed to detect and correct this ambiguity on confirmation slips for these trades. Moreover, NASD found that the firm failed to create and maintain order tickets that reflected the times the orders were received and executed.

Taglich Brothers, Inc. and Michael Nicholas Taglich submitted an Offer of Settlement in which they were censured and fined $35,000, jointly and severally. In addition, the firm was fined an additional $5,000 and Taglich was required to requalify by exam as a general securities principal (Series 24) within 90 days of issuance of the Order Accepting the Offer of Settlement. If Taglich fails to requalify, he will be prohibited from serving in a principal capacity with any firm until he successfully requalifies. 

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