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SEC v ALAN E. ROSENTHAL Click to find out why . . .



Keywords & Phrases
CaseNo: 34-40387, Defendant: Alan E. Rosenthal, Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>34-40387, Solomon, Securities, Commission, Bar, Penny Stock, Tax, Investment, Judge, Exchange Act, Broker-dealer, Conviction, Offering, Pension, Alan, Drexel, Participation, Law Judge, Impose, Losses, Remedies, Manager, Appeals, Transactions, Trial Judge, Bond, Plan, Violation, Securities Industry, Authority, Arrangement , ContentID: 120247222

Case Documents
1 1998-09-01 SEC COMMISSION OPINION
[ see first page and extracted highlights below  ] ItemID: 117372
7 pages
TXT
Total Documents: 1 document , 7 pages
Price: $ 19.95


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1 . SEC COMMISSION OPINION

EXTRACTED KEY WORDS
SECURITIES
COMMISSION
BAR
PENNY STOCK
TAX
INVESTMENT
JUDGE
EXCHANGE ACT
BROKER-DEALER
CONVICTION
OFFERING
PENSION
ALAN
DREXEL
PARTICIPATION
LAW JUDGE
IMPOSE
LOSSES
REMEDIES
MANAGER
APPEALS
TRANSACTIONS
TRIAL JUDGE
BOND
PLAN
VIOLATION
SECURITIES INDUSTRY
AUTHORITY
ARRANGEMENT
                          SECURITIES AND EXCHANGE COMMISSION
                                   Washington, D.C.

          SECURITIES EXCHANGE ACT OF 1934
          Rel. No. 40387 / September 1, 1998

          Admin. Proc. File No. 3-8642

                                                         :
              In the Matter of the Application of        :
                                                         :
                       ALAN E. ROSENTHAL                 :
                                                         :
                                                         :

          OPINION OF THE COMMISSION

               BROKER-DEALER PROCEEDING

                    Grounds for Remedial Action

                         Conviction

                    Practice and Procedure

                         Collateral Bar

                         Bar from Participation in Penny Stock Offering

                         Associated person of registered broker-dealer was
                         convicted of offering a gratuity to a pension fund
                         manager with the intent to influence the pension
                         fund manager's investment decisions.  Held, it is
                         in the public interest to bar respondent from
                         association with a broker or dealer, with the
                         proviso that, after three years, he may reapply to
                         become so associated.  A bar from participation in
                         any penny stock offering is not required in the
                         public interest because there is no indication
                         that respondent previously has, or is likely to,
                         promote, offer, or sell penny stocks.

          APPEARANCES:

               Eliot Lauer and Michael C. Quinn, of Curtis, Mallet-Prevost,
          Colt & Mosle, for Alan E. Rosenthal.

               Larry P. Ellsworth, for the Commission's Division of
          Enforcement.
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • Bar from Participation in Penny Stock Offering
  • Associated person of registered broker-dealer was
  • convicted of offering a gratuity to a pension fund
  • Our Division of Enforcement appeals from the decision of an administrative law judge.
  • Alan E. Rosenthal served as head of the convertible bond department at Drexel Burnham
  • The law judge found that Rosenthal was convicted in 1992 of offering a gratuity in connection
  • The Division, in its appeal, challenges only the law judge's failure also to impose a
  • Rosenthal's 1992 conviction is based upon his role in structuring and effectuating two
  • The transactions at issue were designed to benefit David Solomon, the majority shareholder of
  • As a money manager for SAM, Solomon had a close business relationship with Michael Milken,
  • The corporate pension funds managed by SAM were invested primarily in high-yield bonds, and
  • Solomon asked Milken to help him find a tax shelter to offset personal short-term capital
  • Milken told Solomon that no tax shelters were available but that he could arrange for Drexel
  • Milken further promised to seek a favorable investment opportunity for Solomon in 1986 to
  • The trial judge determined that there was insufficient evidence to indicate that the 1985 tax
  • For these reasons, and under all the circumstances of this case, we also believe that it is
  • The legislative history of the Securities Enforcement Remedies and Penny Stock Reform Act of
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