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SEC v SCHIELD MANAGEMENT COMPANY, MARSHALL L. SCHIELD, et al Click to find out why . . .



Keywords & Phrases
CaseNo: IA-1872, Defendant: Schield Management Company, Marshall L. Schield, and Troy M. Schield, Plaintiff: SEC, UniqueCaseRef: SEC>IA-1872, Smc, Commission, Advisers Act, Schield, Advertisements, Investment, Troy, Saip, Respondent, Management, Pursuant, Disclose, Securities, Misleading, Exchange Commission, Administrative Proceedings, Calculating, Publication, United States, Marshall, Findings, Imposing, Colorado, Directs, Graphs, Overstate, Deduct, Willful, Violation, Money Order , ContentID: 120244622

Case Documents
1 2000-05-31 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 111356
5 pages
HTML
Total Documents: 1 document , 5 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
COMMISSION
ADVISERS ACT
SCHIELD
ADVERTISEMENTS
INVESTMENT
TROY
SAIP
RESPONDENT
MANAGEMENT
PURSUANT
DISCLOSE
SECURITIES
MISLEADING
EXCHANGE COMMISSION
ADMINISTRATIVE PROCEEDINGS
CALCULATING
PUBLICATION
UNITED STATES
MARSHALL
FINDINGS
IMPOSING
COLORADO
DIRECTS
GRAPHS
OVERSTATE
DEDUCT
WILLFUL
VIOLATION
MONEY ORDER
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION

   INVESTMENT ADVISERS ACT OF 1940
   Release No. 1872 / May 31, 2000

   ADMINISTRATIVE PROCEEDING
   File No. 3-10008

   In the Matter of

   SCHIELD MANAGEMENT COMPANY,
   MARSHALL L. SCHIELD, and
   TROY M. SCHIELD,

   Respondents.

   ORDER MAKING FINDINGS,
   IMPOSING CEASE-AND-DESIST
   ORDER, AND IMPOSING
   REMEDIAL SANCTIONS PURSUANT
   TO SECTIONS 203(f),
   AND 203(k) OF THE
   INVESTMENT ADVISERS ACT
   OF 1940 AS TO TROY M. SCHIELD

   I.

   In these proceedings ordered pursuant to Sections 203(f), and 203(k)
   of the Investment Advisers Act of 1940 ("Advisers Act"), Respondent
   Troy M. Schield has submitted an Offer of Settlement which the
   Securities and Exchange 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, the Respondent consents to the entry of this Order of the
   Commission Making Findings, Imposing a Cease-and-Desist Order and
   Imposing Remedial Sanctions Pursuant to Sections 203(f), and 203(k) of
   the Investment Advisers Act of 1940, without admitting or denying the
   findings of this Order, except that he admits the jurisdiction of the
   Commission over him and over the subject matter of the proceedings
   instituted against him by the Commission.

   II.

   On the basis of the Respondent's Offer of Settlement, the Commission
   makes the following findings

SNIPPETS:
  • SCHIELD MANAGEMENT COMPANY,
  • ORDER MAKING FINDINGS, IMPOSING CEASE-AND-DESIST ORDER, AND IMPOSING REMEDIAL SANCTIONS
  • INVESTMENT ADVISERS ACT OF 1940 AS TO TROY M. SCHIELD
  • In these proceedings ordered pursuant to Sections 203, and 203of the Investment Advisers Act
  • Solely for the purpose of these proceedings and any other proceedings brought by or on behalf r him and over the subject matter of the proceedings instituted against him by the Commission.
  • Schield Management Company, located in Denver, Colorado, was formed as a corporation in 1972
  • SMC provides account management services using asset allocation and risk management
  • Marshall L. Schield, age 53 and a resident of Colorado, is the President of SMC.
  • At all times relevant to these proceedings, he was responsible for assuring that SMC's
  • The false and misleading information was contained in SMC's Internet postings through
  • SMC published and distributed advertisements that included performance figures for up to five
  • These figures were derived from the retroactive application of a model developed with the
  • The advertisements frequently displayed tables and graphs that combined the
  • SMC also failed to disclose that it applied materially different trading rules in calculating
  • the error caused SMC to overstate the cumulative performance for part of its SAIP strategy by
  • In addition to the errors described above in subparagraph II. E. 2., SMC failed to deduct
  • Troy Schield thereby caused and knowingly and willfully aided and abetted SMC's publication
  • Section 206of the Advisers Act prohibits an investment adviser from engaging "in any act,
  • Within thirty days of the entry of this Order, Troy Schield shall pay a civil money penalty
  • Such payments shall be made by United States postal money order, certified check, bank opy of which cover letter and money order or check shall be sent to Donald M. Hoerl, Associate
  • An Order Instituting Public Administrative Proceedings Pursuant to Sections 203, 203and 203of
  • In applying the term "willful" in Commission administrative proceedings instituted pursuant
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