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SEC v KEVIN LEE OTTO Click to find out why . . .



Keywords & Phrases
CaseNo: 34-43296, Defendant: Kevin Lee Otto, Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>34-43296, Otto, Funds, Securities, Account, Smith, Personal Bank Account, Exchange Act, National Association, Commission, Disciplinary Action, Wisconsin, Representatives, Investment, Bank Account, Findings, Sanctions, Securities Dealers, Violation, Member Firm, Nasd, Wbc, Complaint, Investment Group, Authorization, Kevin Lee Otto, Investment Club, Testimony, Witnesses, Milwaukee, Fair Practice , ContentID: 120247160

Case Documents
1 2000-09-15 SEC COMMISSION OPINION
[ see first page and extracted highlights below  ] ItemID: 117310
10 pages
HTML
Total Documents: 1 document , 10 pages
Price: $ 19.95


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1 . SEC COMMISSION OPINION

EXTRACTED KEY WORDS
FUNDS
SECURITIES
ACCOUNT
SMITH
PERSONAL BANK ACCOUNT
EXCHANGE ACT
NATIONAL ASSOCIATION
COMMISSION
DISCIPLINARY ACTION
WISCONSIN
REPRESENTATIVES
INVESTMENT
BANK ACCOUNT
FINDINGS
SANCTIONS
SECURITIES DEALERS
VIOLATION
MEMBER FIRM
NASD
WBC
COMPLAINT
INVESTMENT GROUP
AUTHORIZATION
KEVIN LEE OTTO
INVESTMENT CLUB
TESTIMONY
WITNESSES
MILWAUKEE
FAIR PRACTICE
SECURITIES AND EXCHANGE COMMISSION

                              Washington, D.C.

SECURITIES EXCHANGE ACT OF 1934
Rel. No. 43296 / September 15, 2000

   Admin. Proc. File No. 3-9938

                              In the Matter of

                             The Application of

                               KEVIN LEE OTTO
                              908 W. Oklahoma
                         Milwaukee, Wisconsin 53215

               For Review of Disciplinary Action Taken By The

              NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC.

OPINION OF THE COMMISSION

       REGISTERED SECURITIES ASSOCIATION - REVIEW OF DISCIPLINARY
       PROCEEDINGS

   Violation of Rules of Fair Practice

   Registered representative of a member firm of registered securities
   association deposited customer's funds in his personal bank account
   without the customer's knowledge or authorization and used the funds
   for his own personal benefit. Held, association's findings of
   violation and sanctions it imposed are sustained.

   APPEARANCES
   James A. Bolt, for Kevin Lee Otto.
       Vickie R.Olafson, for the National Association of Securities
       Dealers, Inc.

   Appeal filed July 20, 1999
   Briefing Completed October 25, 1999

                                     I.

   Kevin Lee Otto, during the period at issue, was a registered
   representative of members of the National Association of Securities
   Dealers, Inc. Otto was registered as a general securities
   representative with Hamilton Investments, Inc. from May 1991 through
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • Milwaukee, Wisconsin 53215
  • For Review of Disciplinary Action Taken By The
  • Violation of Rules of Fair Practice
  • Registered representative of a member firm of registered securities association deposited
  • association's findings of violation and sanctions it imposed are sustained.
  • James A. Bolt, for Kevin Lee Otto.
  • Vickie R.Olafson, for the National Association of Securities Dealers, Inc.
  • The NASD found that Otto obtained $22,000 from customer Mary Sue Smith and used those funds
  • Otto solicited money from Smith to invest in an entity he described to her as the "Wisconsin
  • Otto told Smith that WBC was a group of investors that found special long-term investments
  • Otto received $22,000 from Smith for investment in WBC at about the same time he gave her the
  • Otto conceded at the hearing that no investment group by the name of WBC ever existed.
  • Although Otto disputed that Smith made the request, it is corroborated by a handwritten
  • First, Otto claims that the complaint does not give him adequate notice of the claims against
  • In Gibbs, resolution of the case turned on the telephonic testimony of the complaining
  • Otto further claims that he was prejudiced by a delay in the filing of the complaint and the
  • Finally, Otto's claim of prejudice is further compromised by the fact that it was his own
  • Exchange Act Section 19governs our review of sanctions imposed by a self-regulatory
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