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SEC v JEFFREY L. HARFST, et al Click to find out why . . .



Keywords & Phrases
CaseNo: 34-42079, Defendant: Jeffrey L. Harfst,William R. Hebel and Joseph E. Muehl, Plaintiff: SEC, UniqueCaseRef: SEC>34-42079, Nikko, Exchange Act, Securities, Muehl, Broker, Profits, Reports, Commission, Swap Transactions, Violations, Thereunder, Proceeding, Pass-through Securities, Nikko Europe, Income, Unaffiliated Broker, Sale, Focus Reports, Willful Violation, Account, Entry, Consent, Prices, Purchase, Findings, Pursuant, Sold, Mbs, Reflecting, Gnma , ContentID: 120245625

Case Documents
1 1999-11-01 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 112364
5 pages
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Total Documents: 1 document , 5 pages
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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
EXCHANGE ACT
SECURITIES
MUEHL
BROKER
PROFITS
REPORTS
COMMISSION
SWAP TRANSACTIONS
VIOLATIONS
THEREUNDER
PROCEEDING
PASS-THROUGH SECURITIES
NIKKO EUROPE
INCOME
UNAFFILIATED BROKER
SALE
FOCUS REPORTS
WILLFUL VIOLATION
ACCOUNT
ENTRY
CONSENT
PRICES
PURCHASE
FINDINGS
PURSUANT
SOLD
MBS
REFLECTING
GNMA
UNITED STATES OF AMERICA
before the
SECURITIES AND EXCHANGE COMMISSION

   Securities Exchange Act of 1934
   Release No. 42079 / November 1, 1999

   Accounting and Auditing Enforcement
   Release No. 1198 / November 1, 1999

   Administrative Proceeding
   File No. 3-9846
____________________________________

         In the Matter of
                                      ORDER MAKING
    JEFFREY L. HARFST, WILLIAM R.     FINDINGS, IMPOSING
       HEBEL and JOSEPH E. MUEHL,     REMEDIAL SANCTIONS
                                      AND CEASE-AND-DESIST
                                      ORDER AS TO JOSEPH E.
            Respondents.              MUEHL
____________________________________

   I.

   Joseph E. Muehl has submitted an Offer of Settlement ("Offer") for the
   purpose of disposing of the issues raised by this proceeding. Solely
   for the purposes of these proceedings and any other proceedings
   brought by or on behalf of the Commission or to which the Commission
   is a party, and prior to hearing and without admitting or denying the
   findings set forth herein, Muehl consents to the entry of this Order
   Making Findings, Imposing Remedial Sanctions and Cease-and-Desist
   Order as to Joseph E. Muehl ("Order"). The Commission has determined
   that it is appropriate and in the public interest to accept the Offer
   of Settlement from Muehl, and accordingly is issuing this Order.
   II. Facts

   Based on the foregoing, the Commission finds that

A. Respondent

   , age 37, was a First Vice President at The Nikko Securities Co.
   International, Inc. ("Nikko"). Nikko is a broker-dealer registered
   with the Commission pursuant to Section 15 of the Securities Exchange
   Act of 1934 ("Exchange Act") and is a wholly-owned subsidiary of The
   Nikko Securities Co. Ltd. Muehl, during the relevant time, traded
   derivative and pass-through mortgage-backed securities.

SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • Joseph E. Muehl has submitted an Offer of Settlement for the purpose of disposing of the
  • Solely for the purposes of these proceedings and any other proceedings brought by or on
  • Nikko is a broker-dealer registered with the Commission pursuant to Section 15 of the
  • In January 1995 Nikko's London-based affiliate, Nikko Europe Plc placed an order with Nikko
  • Muehl and his supervisor devised a plan to generate profits for Nikko and for the Fixed
  • Muehl sold the securities well below the market price to an unaffiliated broker.
  • The Unaffiliated Broker simultaneously sold to Nikko's proprietary account certain
  • Muehl then immediately sold the MBS pass-through securities to the market and generated
  • Muehl engaged in four swap transactions with the Unaffiliated Broker pursuant to the plan
  • Nikko provided trade confirmations and account statements to Nikko Europe in which it
  • the linkage of the sale of the principal-only strips from the MBS portfolio and the purchase
  • To hide the large daily profits made on the swap transactions on his daily profit and loss,
  • Section 10of the Exchange Act and Rule 10b-5 thereunder make it unlawful to employ any
  • Broker-Dealer Books and Records Violations Section 17of the Exchange Act and Rule 17a-3
  • Rule 17a-3 requires broker-dealers to maintain the following records ledgers or other of the transactions ).
  • Sections 17and 17of the Exchange Act require broker-dealers to file certain financial reports.
  • Rule 17a-5thereunder requires brokers and dealers to file monthly and quarterly unaudited
  • No. 22417, 1985 SEC LEXIS (filing of inaccurate FOCUS reports constitutes a willful violation
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