UNITED STATES OF AMERICA
BEFORE THE
SECURITIES AND EXCHANGE COMMISSION
Securities Act of 1933
Release No. 7761 / October 26, 1999
Securities Exchange Act of 1934
Release No. 42059 / October 26, 1999
Administrative Proceeding File No. 3-8575
__________________________________
In the Matter of
JOSEPH J. BARBATO
NEAL C. HARPER
FREDERICK J. KRAUSE
_________________________________
NOTICE OF PROPOSED PLAN FOR THE DISTRIBUTION OF DISGORGED FUNDS AND
OPPORTUNITY FOR COMMENT BY NON-PARTIES
Notice is given, pursuant to Rule 612 of the Rules of Practice of the
Securities and Exchange Commission, 17 C.F.R. §201.612, that the
Division of Enforcement has filed its proposed Plan for the
Distribution of Disgorged Funds ("Distribution Plan") in the above
matter with the Securities and Exchange Commission (the "Commission").
OPPORTUNITY TO COMMENT
Pursuant to this notice, all interested parties are advised that the
Distribution Plan may be obtained by submitting a written request to
William H. Kuehnle, United States Securities and Exchange Commission,
Mail Stop 8-8, 450 Fifth Street N.W., Washington, D.C., 20549-0808.
Further, all persons desiring to comment on the Distribution Plan may
submit their views, in writing, no later than November 29, 1999 to the
Office of the Secretary, United States Securities and Exchange
Commission, 450 Fifth Street, N.W., Washington, D.C. 20549.
THE PROPOSED PLAN OF DISGORGEMENT
On February 10, 1999, on an appeal from an initial decision of an
Administrative Law Judge, the Commission found that Respondent Joseph
J. Barbato, as a registered representative at Stuart-James Co., Inc.,
had violated Section 17(a) of the Securities Act and Section 10(b) of
the Securities Exchange Act and Rule 10b-5 thereunder by engaging in
SNIPPETS:
UNITED STATES OF AMERICA BEFORE THE SECURITIES AND EXCHANGE COMMISSION
Securities Exchange Act of 1934
NOTICE OF PROPOSED PLAN FOR THE DISTRIBUTION OF DISGORGED FUNDS AND OPPORTUNITY FOR COMMENT
Notice is given, pursuant to Rule 612 of the Rules of Practice of the Securities and Exchange
Commission, 450 Fifth Street, N.W., Washington, D.C. 20549.
On February 10, 1999, on an appeal from an initial decision of an Administrative Law Judge,
In addition to barring Barbato, the Commission ordered him to disgorge $45,142.00,
Because Barbato delayed in making payment, he was required to pay, and did pay, an additional
The Distribution Plan provides that Barbato's customers who were found in the Commission's
A Commission employee will act as administrator of the plan and will not receive any
The Commission's decision found that Barbato had defrauded the seven customers who testified
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