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SEC ADMINISTRATIVE PROCEEDING
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EXTRACTED KEY WORDS
SECURITIES PAYMENT ARRANGEMENT REFUNDING TRANSACTION ADMINISTRATIVE PROCEEDINGS ALLEGES UNDISCLOSED PAYMENT ENFORCEMENT BOND EXCHANGE ACT TAX-EXEMPT ORDER INSTITUTING UNDERWRITER UNITED STATES SECURITIES EXCHANGE COMMISSION CONNECTION ESCROW PROVIDER VIOLATIONS SECURITIES LAWS SETTLEMENT AGREEMENT JOHN BUSINESS FINANCIAL ADVISORS WEST VIRGINIA BFA PROFITS TREASURY SECURITIES FIRM ENFORCEMENT CLAIMS |
United States Securities and Exchange Commission
Securities Act of 1933
Release No. 7861 / June 9, 2000
Securities Exchange Act of 1934
Release No. 42918 / June 9, 2000
Administrative Proceeding
File No. 3-10221
PUBLIC PROCEEDINGS INSTITUTED AGAINST JOHN S. REGER II AND BUSINESS &
FINANCIAL ADVISORS, INC.
The United States Securities and Exchange Commission today filed
public administrative proceedings against John S. Reger II, a West
Virginia consultant, and his company Business & Financial Advisors,
Inc. ("BFA"). The Commission alleges that Reger and BFA engaged in a
fraudulent undisclosed payment arrangement in which they were paid
$104,000 of the profits from the sale of U.S. Treasury securities to a
West Virginia public entity (the "Board") in connection with a March
1995 tax-exempt advance refunding transaction.
In the order instituting administrative proceedings, the Division of
Enforcement alleges that, in connection with the advance refunding
transaction, Reger acted as a fiduciary to the Board and as a
representative of a broker-dealer firm (the "Underwriter") hired by
the Board to underwrite the tax-exempt refunding bonds. Further, the
Division of Enforcement alleges that the Board authorized Reger and
the Underwriter to arrange for the investment of the bond proceeds and
the delivery of certain defeasance securities to the Board as part of
the transaction. In this regard, Reger selected a certain firm (the
"Escrow Provider") to sell U.S. Treasury securities to the Board, in
return for an undisclosed payment of $104,000. The Division of
Enforcement claims that Reger accepted this payment pursuant to an
undisclosed payment arrangement under which Reger was to receive 40%
of any profits resulting from advance refunding transactions directed
to the Escrow Provider by Reger. Under this undisclosed payment
arrangement, it is further alleged that Reger, in connection with
three prior advance refunding transactions, received a total of
$182,500 from the Escrow Provider. The Division of Enforcement states
that the undisclosed payment arrangement generated various potential
conflicts of interest and potentially jeopardized the tax-exempt
status of the refunding bonds.
According to the order instituting administrative proceedings, Reger
violated the antifraud provisions of the federal securities laws by
failing to disclose to the Board, the Underwriter or prospective bond
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