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SEC v FIRST COLORADO FINANCIAL SERVICES COMPANY, INC Click to find out why . . .



Keywords & Phrases
CaseNo: 34-40436, Defendant: First Colorado Financial Services Company, Inc., Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>34-40436, First Colorado, Firm Commitment, Securities, Firm Commitment Underwriting, Nasd, Net Capital Rule, Dealer, Exchange Act, Financial Services, Focus Report, Augustine, Violation, Financial Services Company, Review, Applicants, Commission, Fair Practice, Disciplinary Action, Registered Securities Association, Participation, Finop, Inaccurate Focus Report, Transaction, Reporting Requirements, Redetermination, District Committee, Nasd Staff, Selling Group, Broker-dealer , ContentID: 120247219

Case Documents
1 1998-09-14 SEC COMMISSION OPINION
[ see first page and extracted highlights below  ] ItemID: 117369
15 pages
TXT
Total Documents: 1 document , 15 pages
Price: $ 19.95


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1 . SEC COMMISSION OPINION

EXTRACTED KEY WORDS
FIRM COMMITMENT
SECURITIES
FIRM COMMITMENT UNDERWRITING
NASD
NET CAPITAL RULE
DEALER
EXCHANGE ACT
FINANCIAL SERVICES
FOCUS REPORT
AUGUSTINE
VIOLATION
MEMBER
FINANCIAL SERVICES COMPANY
REVIEW
APPLICANTS
COMMISSION
FAIR PRACTICE
DISCIPLINARY ACTION
REGISTERED SECURITIES ASSOCIATION
PARTICIPATION
FINOP
INACCURATE FOCUS REPORT
TRANSACTION
REPORTING REQUIREMENTS
REDETERMINATION
DISTRICT COMMITTEE
NASD STAFF
SELLING GROUP
BROKER-DEALER
                            SECURITIES AND EXCHANGE COMMISSION
                                   Washington, D.C.

             SECURITIES EXCHANGE ACT OF 1934
             Rel. No.  40436 / September 14, 1998

             Admin. Proc. File No. 3-9298

              -------------------------------------------------
              In the Matter of the Application of             |
                                                              |
                     FIRST COLORADO FINANCIAL SERVICES        |
                               COMPANY, INC.                  |
                            Post Office Box 6785              |
                           Denver, Colorado 80206             |
                                                              |
                                    and                       |
                                                              |
                             MARK P. AUGUSTINE                |
                       9073 South Bear Mountain Drive         |
                      Highlands Ranch, Colorado 80126         |
                                                              |
              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 the Rules of Fair Practice

                            Failure to Comply with Reporting Requirements

                            Allged Net Capital Violation

                  Member firm of registered securities association and
                  firm's FINOP filed inaccurate FOCUS report but did not
                  violate the net capital rule as the firm did not
                  participate in a firm commitment underwriting.  Held,
                  association's findings of violation are sustained in
                  part and set aside in part, sanctions are vacated, and
                  proceedings are remanded for redetermination of
                  sanctions.

             APPEARANCES:
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • For Review of Disciplinary Action Taken by the |
  • REGISTERED SECURITIES ASSOCIATION -- REVIEW OF
  • Violations of the Rules of Fair Practice
  • Failure to Comply with Reporting Requirements
  • Allged Net Capital Violation
  • participate in a firm commitment underwriting.
  • Mark P. Augustine, pro se and for First Colorado
  • First Colorado Financial Services Company,
  • a member of the National
  • Inc. (the "NASD") during the relevant
  • NASD disciplinary action.
  • Combined Uniform Single Report ("FOCUS Report") for the
  • under the Securities Exchange Act of 1934
  • to requalify by examination as a FINOP.
  • selling group activity of firm commitment offering
  • Since a broker or dealer that participates in a firm
  • compliance with the net capital rule.
  • applicants marked the transaction "unsolicited."
  • Augustine, its FINOP, submitted an inaccurate FOCUS Report
  • NASD staff silently "approved" the previously filed FOCUS
  • As a $5,000 broker-dealer, First Colorado
  • District Committee concluded that First Colorado had
  • the NASD's position that "participation" encompasses
  • remand the proceedings for a redetermination of sanctions.
  •    |