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SEC v STEPHEN J. GLUCKMAN Click to find out why . . .



Keywords & Phrases
CaseNo: 34-41628, Defendant: Stephen J. Gluckman, Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>34-41628, Gluckman, Nasd, Securities, Private Securities Transactions, Securities Exchange Act, Proceeding, Member Firm, Discipline, Violation, Commission, Time Machine, Sanctions, California, Notification, Phillips, Investment, National Association, Time Machine Agreements, Equitable Principles, Regulation, Securities Dealers, Uis, Limitations Periods, Investors, Time Machine Project, District Committee, Referral Fee, Prejudice, Los Angeles, United States , ContentID: 120247185

Case Documents
1 1999-07-20 SEC COMMISSION OPINION
[ see first page and extracted highlights below  ] ItemID: 117335
19 pages
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Total Documents: 1 document , 19 pages
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1 . SEC COMMISSION OPINION

EXTRACTED KEY WORDS
NASD
SECURITIES
PRIVATE SECURITIES TRANSACTIONS
SECURITIES EXCHANGE ACT
PROCEEDING
MEMBER FIRM
DISCIPLINE
VIOLATION
COMMISSION
TIME MACHINE
SANCTIONS
CALIFORNIA
NOTIFICATION
PHILLIPS
INVESTMENT
NATIONAL ASSOCIATION
TIME MACHINE AGREEMENTS
EQUITABLE PRINCIPLES
REGULATION
SECURITIES DEALERS
UIS
LIMITATIONS PERIODS
INVESTORS
TIME MACHINE PROJECT
DISTRICT COMMITTEE
REFERRAL FEE
PREJUDICE
LOS ANGELES
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.

SECURITIES EXCHANGE ACT OF 1934
Rel. No. 41628 / July 20, 1999

   Admin. Proc. File No. 3-9545
   _________________________________________________________________

   In the Matter of the Application of
   Stephen J. Gluckman
   P.O. Box 84365
   Los Angeles, California 90073
   For Review of Disciplinary Proceedings 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
     * Failure to Inform Employer of Private Securities Transactions

   Person associated with former member firm engaged in private
   securities transactions without prior written notification to member.
   Held, association's findings of violation and sanctions it imposed are
   sustained.

   APPEARANCES

   Stephen J. Gluckman, pro se.
       Alden S. Adkins, Norman Sue, Jr., Susan L. Beesley, and Shannon V.
       Lane, for NASD Regulation, Inc.

   Appeal filed February 24, 1998
   Last brief received June 10, 1998

                                     I.

        Stephen J. Gluckman, formerly a registered representative with
   United International Securities, Inc. ("UIS"), a member of the
   National Association of Securities Dealers, Inc. ("NASD") at the time
   of the events at issue, appeals from NASD disciplinaryaction. The NASD
   found that Gluckman engaged in two private securities transactions in
   violation of NASD Conduct Rules 3040 and 2110. It censured Gluckman,
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • Person associated with former member firm engaged in private securities transactions without
  • Stephen J. Gluckman, pro se.
  • Stephen J. Gluckman, formerly a registered representative with United International
  • The NASD found that Gluckman engaged in two private securities transactions in violation of
  • Between January 1991 and September 1994, Gluckman was registered as a general securities
  • At issue is Gluckman's involvement with transactions by Kathleen Phillips and Roger and Peggy
  • Prior to the investment at issue in this case, his recommendations were clearly offered
  • At Gluckman's suggestion, Phillips invested in a company specializing in the sale and
  • Gluckman recommended that Phillips invest in the production of a documentary movie entitled
  • The NASD credited Phillips' testimony that Gluckman encouraged her to use some of the funds
  • Gluckman argued before the NASD's District Business Conduct Committee ("District Committee")
  • Although the Time Machine agreements purported to extend to the investors "an invitation to
  • The "family resemblance" test adopted by the Supreme Court in Reves presumes that a note is a
  • We previously have held that an associated person who introduces clients to an investment and
  • The NASD's determination that Gluckman violated Conduct Rule 2110 is in accord with our
  • Gluckman argues that this proceeding must be dismissed because the NASD took over four years
  • This statute provides a five-year statute of limitations period applicable to government
  • The one- and three-year limitations periods in Section 13 apply only to civil actions brought
  • * California Corporations Code § 25506.
  • A successful laches defense requires a lack of diligence by the party against whom the
  • Gluckman argues that the sanctions assessed are out of proportion to sanctions imposed in
  • Conduct Rule 2110 requires that members and associated persons "observe high standards of
  • there is no evidence that the NASD miscited caselaw and took "literary license" in an
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