UNITED STATES SECURITIES AND EXCHANGE COMMISSION
INVESTMENT ADVISERS ACT OF 1940
RELEASE NO. 1823 / September 9, 1999
Administrative Proceeding File No. 3-10007
MICHAEL J. ROTHMEIER, CLARKE T. BLIZZARD, RUDOLPH ABEL, DONALD C.
BERRY, CHRISTOPHER P. ROACH, CRAIG JANUTOL, EAST WEST INSTITUTIONAL
SERVICES, INC.
The Commission announced the entry of an Order Instituting Proceedings
against Michael J. Rothmeier ("Rothmeier"), Clarke T. Blizzard
("Blizzard"), Rudolph Abel ("Abel"), Donald C. Berry ("Berry"),
Christopher P. Roach ("Roach"), Craig Janutol ("Janutol") and East
West Institutional Services, Inc. ("East West").
The Order alleges that between mid-1993 and March 1996 Rothmeier,
former president and CEO of Shawmut, Blizzard, Shawmut's former vice
president for sales, and two former chief investment officers, Abel
and Berry, caused the direction of over $1.8 million in clients'
brokerage commissions to thirteen brokerage firms as compensation for
referring new client accounts. The referral arrangements were
fraudulent because Shawmut's Form ADV, which stated that Shawmut
selected brokers on the basis of investment research they provided,
failed to disclose that Shawmut selected certain brokers on the basis
of client referrals.
The Order also alleges that the former Shawmut officers directed
approximately $1 million of the $1.8 million in commissions to East
West, a Michigan broker-dealer, as compensation for referring a $600
million International Brotherhood of Teamsters Local Union 710 pension
fund account to Shawmut. The action alleges that Blizzard and Roach,
East West's registered representative, agreed that Shawmut would
direct $1,000 in brokerage commissions to East West for every $1
million of client assets Roach steered to Shawmut. Blizzard and Roach
also agreed to conceal the arrangement from the union. The Order
contends that, despite red flags regarding Roach's activities,
Janutol, former president of East West, failed to inquire into the
basis for Roach's large volume of business with Shawmut.
The Order alleges that Rothmeier, Blizzard, Abel and Berry caused and
aided and abetted Shawmut's violation of Section 206(1) and 206(2) of
the Investment Advisers Act of 1940 ("Advisers Act") through their
undisclosed use of Shawmut's clients' brokerage commissions to obtain
a benefit to Shawmut. The Order alleges that Rothmeier violated
Section 207 of the Advisers Act by failing to disclose the referral
arrangements in Shawmut's Form ADV, which he reviewed and signed as
true and complete. In addition, the Order alleges that Rothmeier
SNIPPETS:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
MICHAEL J. ROTHMEIER, CLARKE T. BLIZZARD, RUDOLPH ABEL, DONALD C. BERRY, CHRISTOPHER P.
The Order alleges that between mid-1993 and March 1996 Rothmeier, former president and CEO of
The referral arrangements were fraudulent because Shawmut's Form ADV, which stated that
The Order also alleges that the former Shawmut officers directed approximately $1 million of
The Order contends that, despite red flags regarding Roach's activities, Janutol, former
The Order alleges that Rothmeier, Blizzard, Abel and Berry caused and aided and abetted
The Order alleges that Rothmeier violated Section 207 of the Advisers Act by failing to
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