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SEC v ALAN E. ROSENTHAL; BRENDA P. MURRAY, et al Click to find out why . . .



Keywords & Phrases
CaseNo: 91, Defendant: Alan E. Rosenthal; Brenda P. Murray, Administrative Law Judge File No. 3-8642, Plaintiff: SEC, UniqueCaseRef: SEC>91, Solomon, Securities, Act, Conviction, Exchange Act, Commission, Investment, Tax, Drexel, Evidence, Sanction, Cir, Pension, Violation, Broker, Bonds, Pursuant, Management, Jury, Offering, Plan, District Court, Appellate Court, Tax Trades, Party, Dealer, Losses, Assets, Respondent , ContentID: 120245691

Case Documents
1 1996-06-19 SEC ADMINISTRATIVE LAW JUDGE DECISION
[ see first page and extracted highlights below  ] ItemID: 112430
13 pages
TXT
Total Documents: 1 document , 13 pages
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1 . SEC ADMINISTRATIVE LAW JUDGE DECISION

EXTRACTED KEY WORDS
SECURITIES
ACT
CONVICTION
EXCHANGE ACT
COMMISSION
INVESTMENT
TAX
DREXEL
EVIDENCE
SANCTION
CIR
COURT
PENSION
VIOLATION
BROKER
BONDS
PURSUANT
MANAGEMENT
JURY
OFFERING
PLAN
DISTRICT COURT
APPELLATE COURT
TAX TRADES
PARTY
DEALER
LOSSES
ASSETS
RESPONDENT

                                 INITIAL DECISION RELEASE NO. 91

                                 ADMINISTRATIVE PROCEEDING
                                 FILE NO. 3-8642



                     UNITED STATES OF AMERICA
                            Before the
                SECURITIES AND EXCHANGE COMMISSION


_______________________________

In the Matter of              :
                              :
ALAN E. ROSENTHAL             :         INITIAL DECISION
                              :         June 19, 1996
                              :
_______________________________






APPEARANCES:   Larry P. Ellsworth and Michael P. O'Callaghan for
               the Division of Enforcement, Securities and
               Exchange Commission

               Eliot Lauer and Michael Quinn for Alan E.
               Rosenthal


BEFORE:        Brenda P. Murray, Chief Administrative Law Judge







     The Securities and Exchange Commission (Commission)

instituted this proceeding on March 15, 1995, pursuant to Section

15(b)(6) of the Securities Exchange Act of 1934 (Exchange Act).
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • instituted this proceeding on March 15, 1995, pursuant to Section
  • 15of the Securities Exchange Act of 1934.
  • Rosenthal was convicted after a jury trial of offering a gratuity
  • in connection with a pension plan investment in violation of 18
  • June 10, 1992), aff'd, 9 F.3d 1016 (2d Cir.
  • I will refer to the district court decision as
  • Rosenthal I and the appellate court decision as Rosenthal II.
  • aiding and abetting the giving of a "thing of value" to a pension
  • unlawfully, willfully and knowingly gave and offered and promised to give and offer, directly ctions, decisions, and other duties related to questions and matters concerning such plans, namely,
  • The district court deleted the words "false and fraudulent" from the count before charging
  • Respondent an opportunity to defend his actions,
  • Neither party called any witnesses at the hearing.
  • Division introduced into evidence the district court's Judgment
  • a sanction on him, and, if so, what the sanction should be.
  • employed by Drexel Burnham Lambert Incorporated,
  • shareholder of Solomon Asset Management,
  • and it invested these assets primarily in high
  • ---------FOOTNOTES------------ I find no basis for Respondent's claim that his conviction was
  • Rosenthal called Solomon with the names of two securities - American Adventure and Patient
  • Rosenthal proposed prices and quantities and suggested that Solomon's personal broker, Arthur
  • Acting through Dresner, Solomon purchased the American Adventure bonds on December 2, and the
  • The 1985 tax trades, which Mr. Rosenthal arranged, combined with the 1986 MacPherson
  • The appellate court found that there was sufficient evidence for the jury to conclude that,
  • ---------FOOTNOTES------------ Incorporating two subsections of Section 15, Section
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