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SEC v DANIEL L. ZESSINGER; CAROL FOX FOELAK, et al Click to find out why . . .



Keywords & Phrases
CaseNo: 94, Defendant: Daniel L. Zessinger; Carol Fox Foelak, Administrative Law Judge File No. 3-8838, Plaintiff: SEC, UniqueCaseRef: SEC>94, Zessinger, Securities, Exchange Act, Commission, Account, Respondent, Mildred Weir, Pursuant, Violations, Trading, Martin, Div, Daniel, Investment, Administrative Law Judge, Investment Objectives, Margin, Securities Fraud, Broker-dealer, Customers, Proceeding, Misrepresentations, Account Statements, Excessive Trading, Speculation, Fraudulent, Testimony, Turnover Rate, Equity Maintenance, Oip , ContentID: 120245688

Case Documents
1 1996-08-02 SEC ADMINISTRATIVE LAW JUDGE DECISION
[ see first page and extracted highlights below  ] ItemID: 112427
16 pages
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Total Documents: 1 document , 16 pages
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1 . SEC ADMINISTRATIVE LAW JUDGE DECISION

EXTRACTED KEY WORDS
SECURITIES
EXCHANGE ACT
COMMISSION
ACCOUNT
RESPONDENT
MILDRED WEIR
PURSUANT
VIOLATIONS
TRADING
MARTIN
DIV
DANIEL
INVESTMENT
ADMINISTRATIVE LAW JUDGE
INVESTMENT OBJECTIVES
MARGIN
SECURITIES FRAUD
BROKER-DEALER
CUSTOMERS
PROCEEDING
MISREPRESENTATIONS
ACCOUNT STATEMENTS
EXCESSIVE TRADING
SPECULATION
FRAUDULENT
TESTIMONY
TURNOVER RATE
EQUITY MAINTENANCE
OIP
Initial Decision of an SEC Administrative Law Judge
Daniel L. Zessinger

                                          INITIAL DECISION RELEASE NO. 94

                                                ADMINISTRATIVE PROCEEDING
                                                          FILE NO. 3-8838

                          UNITED STATES OF AMERICA
                                 Before the
                     SECURITIES AND EXCHANGE COMMISSION
     _________________________________________________________________

   In the Matter of

   DANIEL L. ZESSINGER
     _________________________________________________________________

   INITIAL DECISION
   AUGUST 2, 1996

   APPEARANCES

   William P. Hicks, William A. Rees, and Cheryl C. Nichols for the
   Division of Enforcement, Securities and Exchange Commission, Atlanta
   District Office

   Daniel L. Zessinger, pro se

   BEFORE

   Carol Fox Foelak, Administrative Law Judge

   1. The Securities and Exchange Commission (Commission) initiated this
   proceeding by an Order Instituting Proceedings (OIP) on September 28,
   1995, pursuant to Section 8A of the Securities Act of 1933 (Securities
   Act) and Sections 15(b), 19(h), and 21C of the Securities Exchange Act
   of 1934 (Exchange Act). The OIP alleged that Respondent Zessinger was
   convicted on his pleas of guilty in state and federal courts of
   violations related to securities fraud arising out of his activities
   as a registered representative associated with a broker-dealer from
   about November 1990 to May 1992. The OIP further alleged that during
   that time period he engaged in misconduct with regard to an account of
   an elderly widow, including churning, unsuitable transactions, and
   misrepresentation, that violated Section 17(a)(1), (2) and (3) of the
   Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5
   thereunder.

SNIPPETS:
  • Initial Decision of an SEC Administrative Law Judge
  • Daniel L. Zessinger
  • SECURITIES AND EXCHANGE COMMISSION
  • The Securities and Exchange Commission initiated this proceeding by an Order Instituting
  • The OIP alleged that Respondent Zessinger was convicted on his pleas of guilty in state and
  • Pursuant to the requirements of the Administrative Procedure Act, I considered the following
  • Div.
  • Both convictions arose from fraudulent activities while a registered representative with
  • His victims included elderly customers with limited assets who had entrusted their retirement
  • Among other things, Zessinger effected unauthorized transactions in customers' accounts; ey.
  • MILDRED WEIR'S ACCOUNT
  • As discussed infra, his fraudulent course of conduct included material misrepresentations,
  • Mildred Weir Now deceased, Mildred Weir was a ninety year old widow with modest assets,
  • Her son Martin Weir had recently taken over her financial affairs and obtained her power of
  • Martin Weir Martin had a high school education and limited investment experience.
  • Martin's testimony and demeanor generally demonstrated a lack of knowledge and sophistication
  • He did not know what a margin agreement was and did not understand margin trading.
  • Martin credibly disavowed ever having told Zessinger or otherwise consented to an investment
  • Zessinger also notes that the Weirs received confirmations and monthly account statements.
  • The "break even" or "cost to equity maintenance factor" and the average annualized portfolio
  • I advised him that in the instant administrative proceeding, unlike a criminal trial, a
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