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SEC v LAZARD FRERES CO. LLC Click to find out why . . .



Keywords & Phrases
CaseNo: 33-7671, Defendant: Lazard Freres Co. LLC;, Plaintiff: SEC, UniqueCaseRef: SEC>33-7671, Securities, Lazard, Exchange Act, Passaic Valley, Commission, Refunding, Escrow Securities, Facts, Prices, Market, Bonds, Treasury Securities, Lazard FrèRes, Municipality, Transaction, Financial Advisor, Llc, Debt Service Savings, Fair Market, United States, Regulations, Connection, Government Securities, Tax Arbitrage, Open Market, Administrative Proceeding, Settlement, Fiduciary Obligations, Material Omissions, Broker-dealer , ContentID: 120244900

Case Documents
1 1999-04-21 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 111636
12 pages
TXT
Total Documents: 1 document , 12 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
LAZARD
EXCHANGE ACT
PASSAIC VALLEY
COMMISSION
REFUNDING
ESCROW SECURITIES
FACTS
PRICES
MARKET
BONDS
TREASURY SECURITIES
LAZARD FRèRES
MUNICIPALITY
TRANSACTION
FINANCIAL ADVISOR
LLC
DEBT SERVICE SAVINGS
FAIR MARKET
UNITED STATES
REGULATIONS
CONNECTION
GOVERNMENT SECURITIES
TAX ARBITRAGE
OPEN MARKET
ADMINISTRATIVE PROCEEDING
SETTLEMENT
FIDUCIARY OBLIGATIONS
MATERIAL OMISSIONS
BROKER-DEALER
                              UNITED STATES OF AMERICA
                                     before the
                         SECURITIES AND EXCHANGE COMMISSION


          SECURITIES ACT OF 1933
          Release No. 7671 / April 21, 1999

          SECURITIES EXCHANGE ACT OF 1934
          Release No. 41318 / April 21, 1999

          ADMINISTRATIVE PROCEEDING
          File No. 3-9880



                                      :
                                      :
          In the Matter of            : ORDER INSTITUTING ADMINISTRATIVE
                                      : PROCEEDINGS, MAKING FINDINGS
          LAZARD FRÈRES & CO. LLC,    : OF FACT, INSTITUTING A cease-
                                      : and-desist order, AND
          Respondent.                 : IMPOSING REMEDIAL SANCTIONS
                                      :
                                      :


               The Commission deems it appropriate and in the public
          interest that public administrative proceedings be, and they
          hereby are, instituted pursuant to Section 8A of the
          Securities Act of 1933 (Securities Act) and Sections 15(b)(4),
          15B(c)(2) and 21C of the Securities Exchange Act of 1934
          (Exchange Act) against Lazard Frères & Co. LLC (Lazard).

               In anticipation of the institution of these proceedings,
          Lazard has submitted an offer of settlement, which the
          Commission has determined to accept.  Solely for the purpose
          of these proceedings and any other proceeding brought by or on
          behalf of the Commission or in which the Commission is a
          party, Lazard, without admitting or denying the findings con-
          tained herein, except that it admits to the jurisdiction of
          the Commission over it and over the subject matter of these
          proceedings, consents to the entry of the findings, the
          institution of the cease-and-desist order, and the imposition
          of the remedial sanctions set forth below.


                                          .

SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • ADMINISTRATIVE PROCEEDING
  • LAZARD FRÈRES & CO. LLC,: OF FACT, INSTITUTING A ceaseThe Commission deems it appropriate and
  • This is a municipal finance case involving the breach of Lazard’s fiduciary duty to its
  • The breach of duty involved Lazard’s failure to make necessary disclosures in an advance
  • state and local governments often seek to reduce their borrowing costs by paying off
  • When the old bonds cannot be paid off until a future call date, the municipality can still
  • An advance refunding can lock in current interest rates and ensure that the municipality will
  • The regulations provide that the issuer cannot receive a yield on the securities held in
  • In addition, to prevent an issuer from diverting tax arbitrage to the seller of the escrow
  • The agreement listed certain services that Lazard would perform "as requested by," including
  • Section 17of the Securities Act prohibits materially false or misleading statements, or
  • Section 10of the Exchange Act and Rule 10b-5 thereunder prohibit materially false or
  • See Affiliated Ute Citizens v. United States, 406 U.S. 128, 153-55; Chiarella v. United
  • Generally, a municipality’s financial advisor owes fiduciary obligations to it in connection otes.
  • Therefore, based on the facts and circumstances, Lazard had a fiduciary or similar
  • Under both common law and federal securities law, the broker-dealer can only deal with its
  • On the basis of this Order and Lazard’s offer of settlement, the Commission finds that Lazard
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