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SEC v HARRY GLIKSMAN and WILLIAM J. GALLAGHER Click to find out why . . .



Keywords & Phrases
CaseNo: 34-42255, Defendant: Harry Gliksman and William J. Gallagher, Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>34-42255, Harry Gliksman, Gallagher, Trading, Securities, Customer, Commission, Account, Trades, Hanamoto, Supervise, Nasd, Exchange Act, Review, Wilshire-dayton Account, Violations, Recommendations, Sanctions, Proceeding, Wilshire Office, Disciplinary Action, Principals, National Association, Supervisor, California, Excessive Trading, Investment Objectives, Responsibility, David Gliksman, Short-term Trading, Alyse Gliksman , ContentID: 120247170

Case Documents
1 1999-12-20 SEC COMMISSION OPINION
[ see first page and extracted highlights below  ] ItemID: 117320
17 pages
HTML
Total Documents: 1 document , 17 pages
Price: $ 19.95


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1 . SEC COMMISSION OPINION

EXTRACTED KEY WORDS
GALLAGHER
TRADING
SECURITIES
CUSTOMER
COMMISSION
ACCOUNT
TRADES
HANAMOTO
SUPERVISE
NASD
EXCHANGE ACT
REVIEW
WILSHIRE-DAYTON ACCOUNT
VIOLATIONS
RECOMMENDATIONS
SANCTIONS
PROCEEDING
WILSHIRE OFFICE
DISCIPLINARY ACTION
PRINCIPALS
NATIONAL ASSOCIATION
SUPERVISOR
CALIFORNIA
EXCESSIVE TRADING
INVESTMENT OBJECTIVES
RESPONSIBILITY
DAVID GLIKSMAN
SHORT-TERM TRADING
ALYSE GLIKSMAN
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.

SECURITIES EXCHANGE ACT OF 1934
Rel. No. 42255 / December 20, 1999

   Admin. Proc. File No. 3-9891
     _________________________________________________________________

   In the Matter of the Application of

                               HARRY GLIKSMAN
                         333 South Elm Drive, #201
                      Beverly Hills, California 90212

                                    and

                            WILLIAM J. GALLAGHER
                            2627 Hermosito Drive
                         Glendale, California 91208

   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

       Violations of Conduct Rules

   Conduct Inconsistent with Just and Equitable Principles of Trade
       Suitability
       Failure to Supervise

   Person associated with member firm recommended to customer unsuitably
   frequent and short-term trading. President of member firm failed to
   supervise associated person to detect this violation. Held,
   association's findings of violation and sanctions it imposed are
   sustained.

   APPEARANCES
   Michael D. Donahue, Dave Lenny, and Susan H. Tregub, of Donahue,
       Mesereau & Leids LLP, for Harry Gliksman.
       Stephen Acker, Rachel E. Hobbs, and Daphne C. Lin, of Acker,
       Kowalick, and Whipple, for William J. Gallagher.
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • SECURITIES EXCHANGE ACT OF 1934
  • Beverly Hills, California 90212
  • For Review of Disciplinary Action Taken by the
  • OPINION OF THE COMMISSION REGISTERED SECURITIES ASSOCIATION -- REVIEW OF DISCIPLINARY
  • Conduct Inconsistent with Just and Equitable Principles of Trade Suitability Failure to
  • Person associated with member firm recommended to customer unsuitably frequent and short-term
  • Stephen Acker, Rachel E. Hobbs, and Daphne C. Lin, of Acker, Kowalick, and Whipple, for
  • Harry Gliksman, a general securities principal and registered representative formerly
  • The NASD found that Gliksman recommended to a customer unsuitably frequent and short-term
  • The NASD found that Gallagher failed to supervise Harry Gliksman to detect his violations.
  • Chiyomi Hanamoto, a Japanese national, was the corporate secretary of Wilshire-Dayton and its
  • She complained to David Gliksman about the low rate of interest that Wilshire-Dayton was
  • Hanamoto agreed to open an account at Gallagher & Co., and Wilshire-Dayton subsequently
  • However, Harry Gliksman testified that he had discretion over the Wilshire-Dayton account as
  • Hanamoto also stated that she did not know that Harry Gliksman needed prior authority to
  • The Commission has held that excessive trading occurs when a registered representative has
  • De facto control is established if a customer relies on a broker's advice because the
  • Harry Gliksman further admitted at the arbitration proceeding that Hanamoto did not
  • Applicants assert that the account's activity was consistent with Wilshire-Dayton's Customer
  • Both Harry Gliksman and his wife, Alyse, worked in Gallagher & Co.'s Wilshire office, which
  • Gallagher asserts that he delegated supervision over Harry Gliksman to Alyse Gliksman,
  • Alyse Gliksman told the NASD examiner during the investigation that Harry Gliksman had been
  • However, Gallagher -- not the NASD --had the responsibility under Conduct Rule 3010to
  • We review sanctions imposed by the NASD to determine whether those sanctions are excessive or
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