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SEC v VICTOR TEICHER & CO., L.P., et al Click to find out why . . .



Keywords & Phrases
CaseNo: 34-40010, Defendant: Victor Teicher & Co., L.P., Ross S. Frankel Release No. IA1722, Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>34-40010, Investment Adviser, Teicher, Frankel, Act, Securities, Commission, Bar, Authority, Respondents, Exchange Act, Dealer, Broker, Victor Teicher, Impose, Statute, Convictions, Investment Company, Appeals, Law Judge, Sanction, Municipal Securities Dealer, Basis, Advisory Bar, Misconduct, Determinations, Language, Congress, Docket , ContentID: 120247232

Case Documents
1 1998-05-20 SEC COMMISSION OPINION
[ see first page and extracted highlights below  ] ItemID: 117382
14 pages
TXT
Total Documents: 1 document , 14 pages
Price: $ 19.95


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1 . SEC COMMISSION OPINION

EXTRACTED KEY WORDS
TEICHER
FRANKEL
ACT
SECURITIES
COMMISSION
BAR
LAW
AUTHORITY
RESPONDENTS
EXCHANGE ACT
DEALER
BROKER
VICTOR TEICHER
IMPOSE
STATUTE
CONVICTIONS
INVESTMENT COMPANY
APPEALS
LAW JUDGE
SANCTION
MUNICIPAL SECURITIES DEALER
BASIS
ADVISORY BAR
MISCONDUCT
DETERMINATIONS
LANGUAGE
COURT
CONGRESS
DOCKET






                          SECURITIES AND EXCHANGE COMMISSION
                                   Washington, D.C.


     SECURITIES EXCHANGE ACT OF 1934
     Rel. No.  40010 / May 20, 1998

     INVESTMENT ADVISERS ACT OF 1940
     Rel. No.   1722 / May 20, 1998

     Admin. Proc. File No. 3-8394


                                        :
              In the Matter of          :
                                        :
               VICTOR TEICHER           :
          VICTOR TEICHER & CO., L.P.    :
              New York, New York        :
                                        :
               ROSS S. FRANKEL          :
             5 Seymour Place East       :
               Armonk, New York         :
                                        :


     OPINION OF THE COMMISSION

          BROKER-DEALER AND INVESTMENT ADVISER PROCEEDINGS

               Jurisdiction

               The Commission is authorized under Section 203(f) of the
               Investment Advisers Act to bring proceedings against and
sanction
               persons associated with unregistered investment advisers.

               Grounds for Remedial Action

                    Criminal Convictions
                    Injunction

SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • SECURITIES EXCHANGE ACT OF 1934
  • VICTOR TEICHER & CO., L.P.:
  • BROKER-DEALER AND INVESTMENT ADVISER PROCEEDINGS
  • and to impose a collateral bar
  • Roger J. Bernstein, for Ross S. Frankel.
  • Victor Teicher & Co., L.P., an unregistered investment adviserexempt from registration under
  • Our Division of Enforcement also appeals from that decision with respect to Ross S. Frankel,
  • Based on the criminal convictions of Teicher Co. and Teicher and their stipulation, the law
  • the Teicher respondents object only to that portion of the law judge's order that bars them
  • They contend that we lack authority under the Act to bring administrative proceedings against
  • the precise basis for its exemption.
  • Proceedings against Frankel having been instituted solely under the Securities Exchange Act,
  • Despite the clarity of the statutory language and the total absence of any ambiguity,
  • n interpreting a statute, a court should always turn first to one, cardinal canon before all
  • We have stated time and again that courts must presume that a legislature says in a statute
  • When Congress chose to exclude exempt advisers from the reach of some of the Act's
  • We see no reason to depart from our prior determinations.
  • Release No. 1497, 59 SEC Docket 1493,
  • In light of the extremely serious misconduct in which Teicher engaged, we consider that the
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