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SEC v KENNETH C. KRULL Click to find out why . . .



Keywords & Phrases
CaseNo: 34-40768, Defendant: Kenneth C. Krull, Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>34-40768, Customers, Krull, Fund, Nasd, Recommendations, Securities, Commission, Mutual Funds, Review, Switches, Findings, Disciplinary Action, National Association, Sanctions, Securities Exchange Act, Transactions, Switching, Registered Securities Association, Violation, Fair Practice, Securities Dealers, Restitution, Fund Shares, Sales Charges, Dbcc, Nbcc, Switching Activity, Krull Argues, Member Firm, Norman Sue , ContentID: 120247198

Case Documents
1 1998-12-10 SEC COMMISSION OPINION
[ see first page and extracted highlights below  ] ItemID: 117348
12 pages
TXT
Total Documents: 1 document , 12 pages
Price: $ 19.95


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1 . SEC COMMISSION OPINION

EXTRACTED KEY WORDS
KRULL
FUND
NASD
RECOMMENDATIONS
SECURITIES
COMMISSION
MUTUAL FUNDS
REVIEW
SWITCHES
FINDINGS
DISCIPLINARY ACTION
NATIONAL ASSOCIATION
SANCTIONS
SECURITIES EXCHANGE ACT
TRANSACTIONS
SWITCHING
REGISTERED SECURITIES ASSOCIATION
VIOLATION
FAIR PRACTICE
SECURITIES DEALERS
RESTITUTION
FUND SHARES
SALES CHARGES
DBCC
NBCC
SWITCHING ACTIVITY
KRULL ARGUES
MEMBER FIRM
NORMAN SUE
                          SECURITIES AND EXCHANGE COMMISSION
                                   Washington, D.C.


          SECURITIES EXCHANGE ACT OF 1934
          Rel. No.  40768 / December 10, 1998

          Admin. Proc. File No. 3-9394
          ___________________________________________________
                                                             :
                 In the Matter of the Application of         :
                                                             :
                          KENNETH C. KRULL                   :
                        7302 77th Drive N.E.                 :
                    Marysville, Washington 98270             :
                                                             :
            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

                         Unsuitable Recommendations Involving Mutual Fund
                         Switches

               Registered principal and representative of member firm of
               registered securities association made unsuitable
               recommendations to customers that involved switches from one
               front-end load mutual fund to another.  Held, association's
               findings of violation are sustained, and the sanctions it
               imposed are modified in part.

          APPEARANCES:

               Fredrick D. Huebner, of Cable, Langenbach, Kinerk & Bauer,
          L.L.P., for Kenneth C. Krull

               Alden S. Adkins, Norman Sue, Jr., and Shirley H. Weiss, for
          NASD Regulation, Inc.

          Appeal filed:  August 27, 1997
          Briefing completed:  December 16, 1997
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • NATIONAL ASSOCIATION OF SECURITIES DEALERS,
  • REGISTERED SECURITIES ASSOCIATION -- REVIEW OF DISCIPLINARY PROCEEDINGS
  • Violation of Rules of Fair Practice
  • Unsuitable Recommendations Involving Mutual Fund
  • Registered principal and representative of member firm of
  • recommendations to customers that involved switches from one
  • Alden S. Adkins, Norman Sue, Jr., and Shirley H. Weiss, for NASD Regulation, Inc.
  • Kenneth C. Krull, formerly a registered representative and principal of Investment Management
  • The NASD found that Krull violated Article III, Sections 1 and 2 of the NASD's Rules of Fair
  • The NASD also ordered Krull to pay restitution of $171,140.93 to his customers with the
  • We base our findings on an independent review of the record.
  • All of the more than 100 switch transactions at issue were initiated by Krull, and the
  • It has long been established that a pattern of mutual fund switching, such as the one shown
  • In a statement of policy issued under Article III, Section 2 of those rules,the NASD's Board
  • Krull made no effort to obtain discounted sales charges for his customers through the use of
  • Krull further argues that his switching activity in a customer's account was "functionally"
  • Although the NASD's District Business Conduct Committee found that Krull had engaged in
  • the DBCC required disgorgement of the commissions Krull had received as a result of his
  • Krull then appealed to the NBCC which, with some modifications, sustained the DBCC's findings
  • Krull argues that restitution and disgorgement are generally ordered only when customers
  • :William Jackson Blalock, Securities Exchange Act
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