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SEC v FAHNESTOCK & CO., INC. and WILLIAMS E. BIERLIN, JR Click to find out why . . .



Keywords & Phrases
CaseNo: 34-43054, Defendant: Fahnestock & Co., Inc. and Williams E. Bierlin, Jr., Plaintiff: SEC, UniqueCaseRef: SEC>34-43054, Fahnestock, Customer, Compliance, Commission, Lee, Securities, Account, Exchange, Third-party, Branch Office, Funds, Transfers, Act, Confirmation, Administrative Proceedings, Representing, Employees, Violations, Respondent, Findings, Jenkintown Branch Office, Hand-delivery, Wire Transfers, Supervisory, Policies, Compliance Managers, Delivery, Inadequate, Undertakings, Money Order , ContentID: 120244294

Case Documents
1 2000-07-19 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 111028
5 pages
HTML
Total Documents: 1 document , 5 pages
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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
CUSTOMER
COMPLIANCE
COMMISSION
LEE
SECURITIES
ACCOUNT
EXCHANGE
THIRD-PARTY
BRANCH OFFICE
FUNDS
TRANSFERS
ACT
CONFIRMATION
ADMINISTRATIVE PROCEEDINGS
REPRESENTING
EMPLOYEES
VIOLATIONS
RESPONDENT
FINDINGS
JENKINTOWN BRANCH OFFICE
HAND-DELIVERY
WIRE TRANSFERS
SUPERVISORY
POLICIES
COMPLIANCE MANAGERS
DELIVERY
INADEQUATE
UNDERTAKINGS
MONEY ORDER
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION

   SECURITIES EXCHANGE ACT OF 1934
   Release No. 43054 \ July 19, 2000

   ADMINISTRATIVE PROCEEDING
   File No. 3-9122
     _________________________________________________________________

   In the Matter of

   FAHNESTOCK & CO., INC.
   and
   WILLIAM E. BIERLIN, JR.,

   Respondents.
     _________________________________________________________________

     ORDER MAKING FINDINGS AND
   IMPOSING REMEDIAL SANCTIONS
   AND CEASE-AND-DESIST ORDER AS
   TO FAHNESTOCK & CO., INC.

   I.

   On September 30, 1996, the Securities and Exchange Commission
   instituted public administrative proceedings pursuant to Sections
   15(b), 19(h) and 21C of the Securities Exchange Act of 1934 against
   William E. Bierlin, Jr. and Fahnestock & Co., Inc ("Fahnestock").

   In response to the institution of these administrative proceedings,
   Fahnestock has submitted an Offer of Settlement, which the Commission
   has determined to accept. Solely for the purposes of these proceedings
   and any other proceedings brought by or on behalf of the Commission,
   or in which the Commission is a party, and without admitting or
   denying the findings contained herein, except as to the jurisdiction
   of the Commission over him and the subject matter of the proceedings,
   which are admitted, Respondent Fahnestock consents to the issuance of
   this Order Making Findings and Imposing Remedial Sanctions And
   Cease-And-Desist Order.

   II.

   On the basis of this Order and the Offer submitted by Fahnestock, the
   Commission makes the following findings

SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • ORDER MAKING FINDINGS AND IMPOSING REMEDIAL SANCTIONS AND CEASE-AND-DESIST ORDER AS TO
  • On September 30, 1996, the Securities and Exchange Commission instituted public
  • In response to the institution of these administrative proceedings, Fahnestock has submitted
  • Solely for the purposes of these proceedings and any other proceedings brought by or on
  • Lee was convicted for felony forgery in connection with the misappropriation of funds from
  • As part of his scheme, Lee forged customers' signatures on nine letters of authorization
  • Lee obtained physical possession of the third-party checks by representing to Fahnestock that
  • In addition, Lee caused Fahnestock to make five unauthorized wire transfers of funds,
  • From approximately February 1993 through May 1994, Fahnestock failed reasonably to supervise
  • Fahnestock did not establish adequate policies and procedures concerning the disbursement of
  • Notwithstanding that Fahnestock's Compliance Manual and Supervisory Manual prohibited the
  • this policy was inadequate to prevent and detect fraud as it did not require any independent
  • As part of the conduct described above, between February 1995 and July 1995, Bierlin, the
  • Such payment shall be made by United States postal money order, certified check, bank be sent to Ronald C.
  • Fahnestock shall, within 90 days of the date this Order is entered, comply with the following
  • Revise its compliance procedures to require that, for each hand-delivery of checks or
  • In addition, all new compliance managers will, within six months of being hired, attend one
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