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SEC v FOUNDERS ASSET MANAGEMENT LLC and BJORN K. BORGEN Click to find out why . . .



Keywords & Phrases
CaseNo: IA-1879, Defendant: Founders Asset Management LLC and Bjorn K. Borgen, Plaintiff: SEC, UniqueCaseRef: SEC>IA-1879, Founders, Commission, Advisers Act, Accounts, Privately Managed Accounts, Funds, Securities, Broker-dealers, Pursuant, Clients, Investment Adviser, Exchange Commission, Foster, Execution, Transactions, Violation, Money Order, Policy, United States, Respondents, Commission Rate, Bank, Instituting, Successor, Registrant, Entry, Colorado, Trades, Form Adv, Payment , ContentID: 120244596

Case Documents
1 2000-06-15 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 111330
6 pages
HTML
Total Documents: 1 document , 6 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
COMMISSION
ADVISERS ACT
ACCOUNTS
PRIVATELY MANAGED ACCOUNTS
FUNDS
SECURITIES
BROKER-DEALERS
PURSUANT
CLIENTS
INVESTMENT ADVISER
EXCHANGE COMMISSION
FOSTER
EXECUTION
TRANSACTIONS
VIOLATION
MONEY ORDER
POLICY
UNITED STATES
RESPONDENTS
COMMISSION RATE
BANK
INSTITUTING
SUCCESSOR
REGISTRANT
ENTRY
COLORADO
TRADES
FORM ADV
PAYMENT
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION

   INVESTMENT ADVISERS ACT OF 1940
   Release No. 1879 / June 15, 2000

   ADMINISTRATIVE PROCEEDING
   File No. 3-10232

   In the Matter of

   Founders Asset Management LLC and Bjorn K. Borgen

   ORDER INSTITUTING
   PROCEEDINGS PURSUANT TO
   SECTIONS 203(e), 203(f) AND 203(k)
   OF THE INVESTMENT ADVISERS ACT OF 1940, MAKING FINDINGS AND
   IMPOSING REMEDIAL SANCTIONS
   AND A CEASE-AND-DESIST ORDER

   I.

   The United States Securities and Exchange Commission (the
   "Commission") deems it appropriate in the public interest and for the
   protection of investors that administrative and cease-and-desist
   proceedings be instituted pursuant to Sections 203(e) and 203(k) of
   the Investment Advisers Act of 1940 (the "Advisers Act") against
   Founders Asset Management LLC ("New Founders"), as successor to
   Founders Asset Management, Inc. ("Old Founders"), and pursuant to
   Sections 203(f) and 203(k) of the Advisers Act against Bjorn K. Borgen
   ("Borgen") (collectively "Respondents").

   II.

   In anticipation of the institution of these proceedings, Respondents
   have submitted Offers of Settlement ("Offers") that the Commission has
   determined to accept. Solely for the purpose 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, except those findings pertaining to the jurisdiction of the
   Commission over them and the subject matter of these proceedings,
   Respondents consent to the entry of the findings and the imposition of
   the remedial sanctions and cease-and-desist order as set forth herein.

   Accordingly, IT IS ORDERED that proceedings pursuant to Sections
   203(e), 203(f) and 203(k) of the Advisers Act be, and hereby are,
   instituted.
SNIPPETS:
  • UNITED STATES OF AMERICA
  • SECURITIES AND EXCHANGE COMMISSION
  • Founders Asset Management LLC and Bjorn K. Borgen
  • ORDER INSTITUTING PROCEEDINGS PURSUANT TO
  • OF THE INVESTMENT ADVISERS ACT OF 1940, MAKING FINDINGS AND IMPOSING REMEDIAL SANCTIONS AND A
  • The United States Securities and Exchange Commission deems it appropriate in the public
  • In anticipation of the institution of these proceedings, Respondents have submitted Offers of
  • Solely for the purpose of these proceedings and any other proceedings brought by or on behalf
  • On April 1, 1998, Mellon Bank, N.A. acquired Old Founders, which merged into New Founders, a
  • Old Founders had been registered with the Commission as an investment adviser pursuant to
  • Old Founders was a Delaware corporation with headquarters in Denver, Colorado.
  • Old Founders served as an investment adviser to certain mutual funds and managed private
  • Borgen directed the business and affairs of Old Founders, including its brokerage policy and
  • From at least 1992 through July 1995, Old Founders effected securities transactions of
  • these trades were generally executed at a commission rate of six to eight cents per share.
  • After completing the review, Old Founders voluntarily paid $85,000 to certain of the small
  • H. Old Founders willfully violated and Borgen willfully aided and abetted and caused Old ' trade allocation policy and the delayed execution of certain small privately managed accounts'
  • J. Old Founders and Borgen willfully violated Section 207 of the Advisers Act by filing Forms 5, falsely stated that it was Old Founders' policy "to seek the best execution of orders at the mission rates were available; and omitted material facts by not disclosing the brokerage
  • Pursuant to Section 203of the Advisers Act, that New Founders, as the successor to Old
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