SEC v JERALD F. ALBIN - Legal Case Documents


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SEC v JERALD F. ALBIN

Keywords & Phrases

CaseNo: 34-41962, Defendant: Jerald F. Albin, Plaintiff: SEC, State: OR Oregon, UniqueCaseRef: SEC>34-41962, Albin, Investors, Trust, Act, Trust Notes, Securities, Exchange Act, Commission, United States, Paragraphs, Funds, Jerald, Pursuant, Hereby, District, Violating, Liquidity, Representations, Material Facts, Practices, Safe, Operating Expenses, Mails, Fraud, Admitting, Findings, Balanced Plan, Defraud, Promissory Notes, Promulgated Thereunder , ContentID: 120245240

Case Documents

1999-09-30

SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below ] ItemID: 111979

3 pages
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Total Documents: 1 document , 3 pages

Price: $ 19.95

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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS

INVESTORS
TRUST
ACT
TRUST NOTES
SECURITIES
EXCHANGE ACT
COMMISSION
UNITED STATES
PARAGRAPHS
FUNDS
JERALD
PURSUANT
HEREBY
DISTRICT
VIOLATING
LIQUIDITY
REPRESENTATIONS
MATERIAL FACTS
PRACTICES
SAFE
OPERATING EXPENSES
MAILS
FRAUD
ADMITTING
FINDINGS
BALANCED PLAN
DEFRAUD
PROMISSORY NOTES
PROMULGATED THEREUNDER

UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION

   SECURITIES EXCHANGE ACT OF 1934
   RELEASE NO. 41962 / September 30, 1999

   ADMINISTRATIVE PROCEEDING
   FILE NO. 3-10067
______________________________

                                ORDER INSTITUTING PROCEEDINGS,
       In the Matter of         MAKING FINDINGS AND IMPOSING
                                REMEDIAL SANCTIONS PURSUANT TO
       JERALD F. ALBIN,         SECTIONS 15(b) and 19(h) OF THE
                                SECURITIES EXCHANGE ACT OF 1934
         Respondent.
______________________________

   I.

   The Securities and Exchange Commission ("Commission") deems it
   appropriate and in the public interest that public administrative
   proceedings be instituted against Jerald F. Albin ("Albin") pursuant
   to Sections 15(b) and 19(h) of the Securities Exchange Act of 1934
   ("Exchange Act").

   II.

   In anticipation of the institution of these proceedings, Albin has
   submitted an Offer of Settlement ("Offer") which 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 to
   which the Commission is a party, and without admitting or denying the
   Commission's findings contained herein, except the Commission's
   findings set forth in Paragraphs III.A. and C., which are admitted,
   Albin consents to the entry of this Order Instituting Proceedings,
   Making Findings and Imposing Remedial Sanctions pursuant to Sections
   15(b) and 19(h) of the Exchange Act ("Order").

   Accordingly, IT IS HEREBY ORDERED that proceedings pursuant to
   Sections 15(b) and 19(h) of the Exchange Act be and hereby are
   instituted.

   III.

   On the basis of this Order and Albin's Offer, the Commission finds
   that

SNIPPETS:

UNITED STATES OF AMERICA

SECURITIES AND EXCHANGE COMMISSION

The Securities and Exchange Commission deems it appropriate and in the public interest that

In anticipation of the institution of these proceedings, Albin has submitted an Offer of

Solely for the purpose of these proceedings and any other proceedings brought by or on behalf

and C., which are admitted, Albin consents to the entry of this Order Instituting

IT IS HEREBY ORDERED that proceedings pursuant to Sections 15and 19of the Exchange Act be and

The Complaint alleged that Albin, through Balanced Plan, Inc., d/b/a Balanced Plan

From at least 1992 through September 11, 1998, the Commission alleged, Albin raised more than

The Complaint alleged that Albin promised investors returns from 8% to 13%, represented that

Contrary to his representations, Albin diverted investor proceeds to himself, to paying the

Further, the Complaint alleged, Albin misrepresented the liquidity of an investment in the

the Complaint alleged that Albin made these representations knowing them to be false because

The Information charged that Albin, from around 1988 through September 1998, solicited and

E. During the period from at least 1992 to around September 1998, Albin willfully violated material facts necessary in order to make the statements made, in light of the circumstances under

Albin engaged in the acts and practices detailed in paragraphs III.B.

F. During the period from at least 1992 to around September 1998, Albin willfully violated ue statements of material fact or omitted to state material facts necessary in order to make the


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