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SEC v LANCE E. VAN ALSTYNE Click to find out why . . .



Keywords & Phrases
CaseNo: 34-40738, Defendant: Lance E. Van Alstyne, Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>34-40738, Nasd, Van Alstyne, Review, Complaint, Commission, Securities, Exchange Act, Appeals, Motion, Jurisdiction, Set Aside, National Association, Regular Mail, Securities Dealers, Registered Securities Association, Dbcc, Crd, Certified Mail, Disciplinary Sanction, Cch, Registration Rule, Nasd Code, Procedure Rule, Mbsi, Nasd Membership, Sro, Norman Sue, Nasd Regulation, Nac , ContentID: 120247199

Case Documents
1 1998-12-02 SEC COMMISSION OPINION
[ see first page and extracted highlights below  ] ItemID: 117349
9 pages
TXT
Total Documents: 1 document , 9 pages
Price: $ 19.95


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1 . SEC COMMISSION OPINION

EXTRACTED KEY WORDS
VAN ALSTYNE
REVIEW
COMPLAINT
COMMISSION
SECURITIES
EXCHANGE ACT
MEMBER
APPEALS
MOTION
JURISDICTION
SET ASIDE
NATIONAL ASSOCIATION
REGULAR MAIL
SECURITIES DEALERS
REGISTERED SECURITIES ASSOCIATION
DBCC
CRD
CERTIFIED MAIL
DISCIPLINARY SANCTION
CCH
REGISTRATION RULE
NASD CODE
PROCEDURE RULE
MBSI
NASD MEMBERSHIP
SRO
NORMAN SUE
NASD REGULATION
NAC
                          SECURITIES AND EXCHANGE COMMISSION
                                   Washington, D.C.

          SECURITIES EXCHANGE ACT OF 1934
          Rel. No.  40738 / December 2, 1998

          Admin. Proc. File No. 3-9575
          ___________________________________________________
                                                             :
                 In the Matter of the Application of         :
                                                             :
                          LANCE E. VAN ALSTYNE               :
                          51 Poppy Hills Road                :
                       Laguna Niguel, California             :
                                                             :
                  For Review of Action Taken by the          :
                                                             :
            NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. :
          ___________________________________________________:

          OPINION OF THE COMMISSION

               REGISTERED SECURITIES ASSOCIATION -- REVIEW OF ASSOCIATION
               ACTION DENYING MOTION TO SET ASIDE A DEFAULT DECISION

                    Jurisdiction to Review Action of Association

               Registered securities association denied motion of person
               formerly associated with a member to set aside a default
               decision on grounds that he never received the association's
               complaint or decision.  Held, because the Commission lacks
               jurisdiction to review the denial of the motion and because
               the Commission will not accept individual's application as a
               late-filed appeal of the default decision, the application
               for review is dismissed.

          APPEARANCES:

               Irving M. Einhorn, for Lance E. Van Alstyne.

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

          Appeal lodged: April 8, 1998
          Briefing completed: July 29, 1998

                                          I.

SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • NATIONAL ASSOCIATION OF SECURITIES DEALERS,
  • REGISTERED SECURITIES ASSOCIATION -- REVIEW OF ASSOCIATION
  • ACTION DENYING MOTION TO SET ASIDE A DEFAULT DECISION
  • Jurisdiction to Review Action of Association
  • for Lance E. Van Alstyne.
  • Alden S. Adkins and Norman Sue, Jr., for NASD Regulation, Inc.
  • Lance E. Van Alstyne, formerly associated with Merchant Banking Services, Inc., a former
  • Alstyne violated NASD Membership and Registration Rule 1021, NASD Conduct Rule 2110, and NASD
  • Van Alstyne appeals from this denial.
  • As discussed below, we do not have jurisdiction to review this matter, and we will not accept
  • As part of an investigation into certain activities at MBSI, the NASD sent two requests to
  • These requests were sent by both certified and regular mail to Van Alstyne's residential
  • The requests for information were also sent by regular and certified mail to an address that
  • the NASD sent by certified and regular mail to Van Alstyne's CRD address two requests that
  • In March and April 1997, the NASD sent two notices of complaint to Van Alstyne providing a of Section 5 of the Securities Act of 1933, 15 U.S.C. 77e, conduct charged as violating Conduct
  • The DBCC found that Van Alstyne was deemed to have received the notices of complaint by
  • The DBCC found, based on the applicant's admissions and a review of the documentation
  • We may review an SRO action, including an NASD action, that is required to be filed with the
  • we disagree with Van Alstyne's claim that the NAC's decision "effectively imposed" a "final
  • the NAC merely denied a motion collateral to an underlying disciplinary action in which Van
  • NASD Manual at 4111 (CCH
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