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SEC v ROBIN BRUCE MCNABB Click to find out why . . .



Keywords & Phrases
CaseNo: 34-43411, Defendant: Robin Bruce McNabb, Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>34-43411, Mcnabb, Customers, Securities, Transactions, Promissory Notes, Nasd, Recommendations, Sanction, Exchange Act, Sale, Violation, National Association, Investor, Commission, Disciplinary Action, Investment, Regulation, Unsuitable Recommendations, Sold Securities, Robin Bruce Mcnabb, Securities Dealers, Securities Laws, Private Securities Transactions, Gerald James Stoiber, Hearsay Evidence, Registered Representatives, Account Form, Notifying Employer, Federal Securities Laws , ContentID: 120247157

Case Documents
1 2000-10-04 SEC COMMISSION OPINION
[ see first page and extracted highlights below  ] ItemID: 117307
13 pages
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Total Documents: 1 document , 13 pages
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1 . SEC COMMISSION OPINION

EXTRACTED KEY WORDS
CUSTOMERS
SECURITIES
TRANSACTIONS
PROMISSORY NOTES
NASD
RECOMMENDATIONS
SANCTION
EXCHANGE ACT
SALE
VIOLATION
MEMBER
NATIONAL ASSOCIATION
INVESTOR
COMMISSION
DISCIPLINARY ACTION
INVESTMENT
REGULATION
UNSUITABLE RECOMMENDATIONS
SOLD SECURITIES
ROBIN BRUCE MCNABB
SECURITIES DEALERS
SECURITIES LAWS
PRIVATE SECURITIES TRANSACTIONS
GERALD JAMES STOIBER
HEARSAY EVIDENCE
REGISTERED REPRESENTATIVES
ACCOUNT FORM
NOTIFYING EMPLOYER
FEDERAL SECURITIES LAWS
                     SECURITIES AND EXCHANGE COMMISSION
                              Washington, D.C.

   SECURITIES EXCHANGE ACT OF 1934
   Rel. No.43411 / October 4, 2000

   Admin. Proc. File No. 3-9886

                              In the Matter of

                             ROBIN BRUCE McNABB
                     For Review of Action Taken by the
              NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC.

Opinion of the Commission

   REGISTERED SECURITIES ASSOCIATION -- REVIEW OF DISCIPLINARY ACTION

   Violations of Conduct Rules

   Failure to Inform Employer of Private Securities Transactions

   Unsuitable recommendations

   Registered principal sold securities in the form of promissory notes
   to customers without notifying employer. Three of the sales involved
   unsuitable recommendations. Held, association's findings of violation
   are sustained in part, and sanctions imposed by association are
   sustained.

   APPEARANCES
   Thomas Breen Kidwell, for Robin Bruce McNabb.
       Alden S. Adkins, Norman Sue, Jr., Susan L. Beesley, and Nancy C.
       Libin, for NASD Regulation, Inc.

   Appeal filed April 30, 1999
   Last brief received August 16, 1999



                                     I.

   Robin Bruce McNabb, formerly associated with American Investors
   Company ("AIC"), a member of the National Association of Securities
   Dealers, Inc. ("NASD"), appeals from NASD disciplinary action. The
   NASD found that McNabb sold securities in the form of promissory notes
   to six public customers and sold securities in the form of investment
   contracts to two public customers without giving AIC prior written
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • Registered principal sold securities in the form of promissory notes to customers without
  • Three of the sales involved unsuitable recommendations.
  • Thomas Breen Kidwell, for Robin Bruce McNabb.
  • Robin Bruce McNabb, formerly associated with American Investors Company, a member of the
  • The NASD found that McNabb sold securities in the form of promissory notes to six public
  • AIC initiated an internal investigation of these transactions.
  • The term "security" is defined in section 3of the Securities Exchange Act of 1934 as
  • The Supreme Court has identified such notes as being outside the investment market regulated
  • We also conclude that the four-factor analysis adopted by the Supreme Court does not suggest
  • A note that is exchanged "to facilitate the purchase and sale of a minor asset or consumer
  • The existence of a social relationship does not mean, however, that such an investor would
  • The first customer completed a new account form indicating that his annual income was at most
  • McNabb's testimony contradicted the hearsay evidence on important points.
  • We may cancel, reduce, or require remission of a sanction imposed by the NASD where we find,
  • Rule 2310 provides important protection to customers by ensuring that registered
  • McNabb was aware that engaging in private securities transactions without giving notice to
  • See Gerald James Stoiber, 65 SEC Docket at 1316.
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