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SEC v MARTIN R. KAIDEN Click to find out why . . .



Keywords & Phrases
CaseNo: 34-41629, Defendant: Martin R. Kaiden, Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>34-41629, Instruments, Securities, Bank, Exchange Act, Prime Bank, Violations, Commission, Proceeding, Martin, Injunction, Hancock, Registered Securities Association, Appeals, Investment, Law Judge, Representations, Broker-dealer, National Securities Exchange, Slcs, Pbgs, Kaiden Company, Transaction, United States, Existence, President, Enforcement, Corporate Pay Order, Kaiden Asserts, Testimony, Bar Respondent , ContentID: 120247184

Case Documents
1 1999-07-20 SEC COMMISSION OPINION
[ see first page and extracted highlights below  ] ItemID: 117334
16 pages
HTML
Total Documents: 1 document , 16 pages
Price: $ 19.95


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1 . SEC COMMISSION OPINION

EXTRACTED KEY WORDS
SECURITIES
BANK
EXCHANGE ACT
PRIME BANK
VIOLATIONS
COMMISSION
PROCEEDING
MARTIN
INJUNCTION
HANCOCK
REGISTERED SECURITIES ASSOCIATION
APPEALS
INVESTMENT
LAW JUDGE
REPRESENTATIONS
BROKER-DEALER
NATIONAL SECURITIES EXCHANGE
SLCS
PBGS
KAIDEN COMPANY
TRANSACTION
UNITED STATES
EXISTENCE
PRESIDENT
ENFORCEMENT
CORPORATE PAY ORDER
KAIDEN ASSERTS
TESTIMONY
BAR RESPONDENT
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.

SECURITIES EXCHANGE ACT OF 1934
Rel. No. 41629 / July 20, 1999
Admin. Proc. File No. 3-9403
     _________________________________________________________________

   In the Matter of the
   Martin R. Kaiden
     _________________________________________________________________

OPINION OF THE COMMISSION

   BROKER-DEALER PROCEEDING

   Grounds for Remedial Action

   Fraudulent Offer of Prime Bank Instruments Injunction

   President of a registered broker-dealer offered fictitious prime bank
   instruments to potential customer in communications that made
   statements about the instruments without any basis. President also was
   enjoined from violations arising from these offers of these
   instruments. Held, it is in the public interest to bar respondent from
   association with a broker, dealer, or a member of a national
   securities exchange or of a registered securities association.

   APPEARANCES

   Martin R. Kaiden, pro se.

   Kevin T. Duffy, Jr., Andrew J. Geist, Robert Knuts, George N.
   Stepaniuk, and Abimbola Kolawole, for the Division of Enforcement.
   Appeal filed April 14, 1998
   Last brief received July 1, 1998

                                     I.

          Martin R. Kaiden and the Division of Enforcement appeal from a
   decision of an administrative law judge. The law judge found that
   Kaiden, who, during the period at issue, was the president and sole
   shareholder of Martin Kaiden Company, Inc. ("Kaiden Company"), a
   former broker-dealer, violated Section 17(a) of theSecurities Act of
   1933 * by offering fictitious prime bank instruments to a potential
   customer and that Kaiden had consented to entry of an injunction
   prohibiting further violations of certain provisions of the securities
   laws arising from this same conduct. The law judge determined that
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • In the Matter of the Martin R. Kaiden
  • Fraudulent Offer of Prime Bank Instruments Injunction
  • President of a registered broker-dealer offered fictitious prime bank instruments to
  • President also was enjoined from violations arising from these offers of these instruments.
  • Held, it is in the public interest to bar respondent from association with a broker, dealer,
  • Martin R. Kaiden and the Division of Enforcement appeal from a decision of an administrative
  • The Division appeals from the law judge's refusal to bar Kaiden from association with a
  • He entered the securities business in 1974, and founded Kaiden Company in 1977.
  • Kaiden prepared and sent a series of letters and memoranda on Kaiden Company letterhead to
  • SLCs purportedly carried no interest, but were discounted "to yield 6.4% and 7.5% at
  • Kaiden did not contact any bank, insurance company, or accounting company to verify any
  • Rather, Kaiden testified, he based these representations on conversations that he had with
  • The district court's order prohibited Kaiden from violating Securities Act Section 17or from
  • Kaiden asserts that none of the instruments or programs that he offered was a security within
  • However, as the United States Court of Appeals for the Seventh Circuit has held, "it is the
  • The first Reves factor weighs the motivations that would prompt a reasonable borrower and
  • Kaiden's testimony reveals that he was at a minimum reckless in making his representations
  • An investor in the Baffee AG program was supposed to receive a "corporate pay order" that was
  • A consent injunction cannot be collaterally attacked in an administrative proceeding.
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