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SEC v KEVIN ERIC SHAUGHNESSY Click to find out why . . .



Keywords & Phrases
CaseNo: 34-40244, Defendant: Kevin Eric Shaughnessy, Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>34-40244, Shaughnessy, Securities, Nasd, Stock Promoter, Customers, Sanctions, Commission, Securities Exchange Act, Payments, Violation, Sales, National Association, Registered Representatives, Disclose, Disciplinary Action, Compensation, Appeals, Proceeding, Fee Arrangement, Securities Dealers, Disclose Material Information, Kevin Eric Shaughnessy, Musicsource Stock, National Committee, Recommendations, Kickbacks, Disclosing, Baumgardner, Nasd Regulation, Misconduct , ContentID: 120247225

Case Documents
1 1998-07-22 SEC COMMISSION OPINION
[ see first page and extracted highlights below  ] ItemID: 117375
10 pages
TXT
Total Documents: 1 document , 10 pages
Price: $ 19.95


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1 . SEC COMMISSION OPINION

EXTRACTED KEY WORDS
SECURITIES
NASD
STOCK PROMOTER
CUSTOMERS
SANCTIONS
COMMISSION
SECURITIES EXCHANGE ACT
PAYMENTS
VIOLATION
SALES
NATIONAL ASSOCIATION
REGISTERED REPRESENTATIVES
DISCLOSE
DISCIPLINARY ACTION
COMPENSATION
APPEALS
PROCEEDING
FEE ARRANGEMENT
SECURITIES DEALERS
DISCLOSE MATERIAL INFORMATION
KEVIN ERIC SHAUGHNESSY
MUSICSOURCE STOCK
NATIONAL COMMITTEE
RECOMMENDATIONS
KICKBACKS
DISCLOSING
BAUMGARDNER
NASD REGULATION
MISCONDUCT


                         SECURITIES AND EXCHANGE COMMISSION
                                  Washington, D.C.

          SECURITIES EXCHANGE ACT OF 1934
          Rel. No. 40244  /  July 22, 1998

          Admin. Proc. File No. 3-9332

           -------------------------------------------------
           In the Matter of the Application of             |
                                                           |
                        KEVIN ERIC SHAUGHNESSY             |
                          7189 Saltsburg Rd.               |
                        Pittsburgh, PA  15235              |
                                                           |
           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 Conduct Rules

Failure to Disclose Material Information to Customers

Failure to Disclose Outside Compensation to Employer

Registered representative received compensation from a stock promoter for
effecting sales of certain securities without disclosing the fee
arrangement or the payments to the representative's customers or employer.
Held, association's findings of violation and sanctions are sustained.

          APPEARANCES:

          Walter L. Baumgardner, of Musilli, Baumgardner, Wagner & Parnell,
          P.C., for Kevin Eric Shaughnessy.

          Alden S. Adkins and Deborah F. McIlroy, for NASD Regulation, Inc.

          Appeal Filed: June 9, 1997
          Briefing Completed:  October 7, 1997

                                         I.
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • Failure to Disclose Material Information to Customers
  • Registered representative received compensation from a stock promoter for effecting sales of
  • Walter L. Baumgardner, of Musilli, Baumgardner, Wagner & Parnell, P.C., for Kevin Eric
  • Alden S. Adkins and Deborah F. McIlroy, for NASD Regulation, Inc.
  • Kevin Eric Shaughnessy, a registered representative formerly associated with Gruntal & Co.,
  • The NASD further found that Shaughnessy failed to provide prompt written notice to Gruntal,
  • The NASD censured Shaughnessy; fined him $5,000 for failing to disclose material information
  • Shaughnessy did not disclose the receipt of these payments or his fee arrangement with the
  • Even at this point, however, despite admittedly realizing that he had a "problem" because he
  • We agree with the NASD that a reasonable investor would consider his or her broker's
  • Conduct Rule 3030 requires registered representatives who receive outside compensation to
  • Rule 2830, then, expressly prohibits the solicitation or acceptance of non-disclosed
  • Section 19of the Securities Exchange Act of 1934 governs our review of the sanctions imposed
  • While the Market Regulation Committee suspended Shaughnessy for six months and ordered that
  • Shaughnessy contends that the bar constitutes a "penalty" for exercising his right to appeal
  • He supports these contentions by referring to other disciplinary cases (involving a variety
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