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SEC v DANIEL C. MONTANO Click to find out why . . .



Keywords & Phrases
CaseNo: 34-40243, Defendant: Daniel C. Montano, Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>34-40243, Montano, Nasd, Securities, Broadcast, Advertisements, Commission, Sanctions, Recommendation, Misleading, Stock, Violations, Usdt, Opinion, Projections, Television Broadcast, Securities Exchange Act, National Association, Findings, Disciplinary Action, Fair Practice, Registered Securities Association, Appearances, Former Article, Materials, Securities Dealers, Set Aside, Sound Basis, Investment, Short-sell Trading Strategy, Reconsideration , ContentID: 120247226

Case Documents
1 1998-07-22 SEC COMMISSION OPINION
[ see first page and extracted highlights below  ] ItemID: 117376
13 pages
TXT
Total Documents: 1 document , 13 pages
Price: $ 19.95


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1 . SEC COMMISSION OPINION

EXTRACTED KEY WORDS
NASD
SECURITIES
BROADCAST
ADVERTISEMENTS
COMMISSION
SANCTIONS
RECOMMENDATION
MISLEADING
STOCK
VIOLATIONS
USDT
OPINION
PROJECTIONS
TELEVISION BROADCAST
SECURITIES EXCHANGE ACT
NATIONAL ASSOCIATION
FINDINGS
DISCIPLINARY ACTION
FAIR PRACTICE
REGISTERED SECURITIES ASSOCIATION
APPEARANCES
FORMER ARTICLE
MATERIALS
SECURITIES DEALERS
SET ASIDE
SOUND BASIS
INVESTMENT
SHORT-SELL TRADING STRATEGY
RECONSIDERATION


                          SECURITIES AND EXCHANGE COMMISSION
                                   Washington, D.C.

          SECURITIES EXCHANGE ACT OF 1934
          Rel. No.  40243 / July 22, 1998

          Admin. Proc. File No. 3-9259


                                                          :
         In the Matter of the Application of              :
                                                          :
                        DANIEL C. MONTANO                 :
                        245 Duranzo Aisle                 :
                        Irvine, CA 92606                  :
                                                          :
          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 Rules of Fair Practice

          Misleading Advertisements

          Improper and Unwarranted Forecasts and          Recommendations

Registered general securities principal made exaggerated and unwarranted
statements and
projections during television broadcast.  Held, association's findings of
violation are
sustained in part and set aside in part and the matter remanded for
reconsideration of
sanctions.

          APPEARANCES:

          Daniel C. Montano, pro se.

          Alden S. Adkins and Jeffrey S. Davis, for NASD Regulation,Inc.

SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • NATIONAL ASSOCIATION OF SECURITIES DEALERS,
  • OPINION OF THE COMMISSION
  • REGISTERED SECURITIES ASSOCIATION -- REVIEW OF DISCIPLINARY PROCEEDINGS
  • Violations of Rules of Fair Practice
  • Registered general securities principal made exaggerated and unwarranted statements and
  • association's findings of violation are sustained in part and set aside in part and the
  • Daniel C. Montano, a registered general securities principal and president of Montano
  • At issue are statements Montano made in recommending the short sale of a security during an
  • The NASD found that Montano violated former Article III, Sections 1 and 35 of the NASD Rules ions and implying comparable future results for his current recommendation; and making specific
  • Montano purchased three advertisements from the television station and thereby received
  • Montano contrasted these previous recommendations to purchase "undervalued" securities with
  • Montano then asserted generally that selling a stock "short" was a way to make a profitable
  • According to Montano, USDT's market capitalization at the time of $26 million was
  • Section 35of the NASD Rules requires that advertisements provide a sound basis to evaluate
  • The rule further provides that no material fact may be omitted if the omission would cause
  • Former Article III, Section 35applies the NASD's standards for advertisements to members and
  • we must consider whether Montano furnished sufficient information about both the security
  • This Commission sanctioned Montano, pursuant to a consent order without his admitting or
  • With respect to the NASD's determination that Montano should requalify as a general
  • :/See Sheen Financial Resources, Inc., Securities Exchange Act Rel.
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