1998 guilty plea for federal tax evasions arising from the deduction of previously reimbursed business expenses. Two years’ probation, six months’ home detention, and repayment of penalties and interest to IRS.

2000 probation completed

NASD member since 1967. Provides execution, clearing, and custody services on a fully disclosed basis. 38 OSJs and 51 branches. Employs 64 registered principals and 153 RRs.  AWC: $15,000 fine/Censure for written supervisor procedures, $7,500 fine/Censure for WSP, $6,000/Censure for reporting violations. LOCs. Firm does not employ any other SDs.

X to be employed in marketing department as a non-registered person promoting Firm’s financial systems and servicesto BDs, banks, and RIAs. No dealings with investing public.  No supervisory capacity.  Will work out of home in State 1.

EVP in office in State 2. Has Series 7, 27, 4, 55, 65, and 24.  GSP 1985. No regulatory history.

Permitted

X will be non-registered and not dealing with investing public.  Firm’s disciplinary history does not go to issue of inadequate supervision.

UNDERTAKINGS 

1. Although X will not be in the same physical location as the supervisor, he will be subject to telephone meetings on a monthly basis.  These discussions will focus on meetings that have taken place between X and prospective clients.  X will also visit the home office, at least once, on an annual basis. 

2. X will not have any direct dealings with the investing public. 

3. X's outgoing correspondence and expenseswill be reviewed by the Proposed Supervisor.   

4. Based upon the nature of his conviction, the Sponsoring Firm will require X to provide a copy of his personal taxes to be reviewed by either the Firm's CFO or its auditors. 

5. For the duration of X's statutory disqualification, the Firm must obtain prior approval from Member Regulation if it wishes to change X's responsible supervisor from the Proposed Supervisor to another person.