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SEC v JOHN J. FIERO Click to find out why . . .



Keywords & Phrases
CaseNo: 34-39544, Defendant: John J. Fiero, Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>34-39544, Fiero, Nasd, Transcript, Staff, Securities, Testify, Testimony, Commission, Exchange, Disciplinary Action, Request, Impose, Determination, Act, Review, Violation, Interview, National Association, Sustaining, Committee, Securities Dealers, Regulation, Firm, Prior, Market, Contention, Appeals , ContentID: 120247241

Case Documents
1 1998-01-13 SEC COMMISSION OPINION
[ see first page and extracted highlights below  ] ItemID: 117391
10 pages
TXT
Total Documents: 1 document , 10 pages
Price: $ 19.95


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1 . SEC COMMISSION OPINION

EXTRACTED KEY WORDS
NASD
TRANSCRIPT
STAFF
SECURITIES
TESTIFY
COUNSEL
TESTIMONY
COMMISSION
EXCHANGE
DISCIPLINARY ACTION
REQUEST
IMPOSE
DETERMINATION
ACT
REVIEW
VIOLATION
INTERVIEW
MEMBER
NATIONAL ASSOCIATION
SUSTAINING
COMMITTEE
SECURITIES DEALERS
REGULATION
FIRM
PRIOR
MARKET
CONTENTION
BUSINESS
APPEALS






                          SECURITIES AND EXCHANGE COMMISSION
                                   Washington, D.C.

     SECURITIES EXCHANGE ACT OF 1934
     Rel. No. 39544 / January 13, 1998

     Admin. Proc. File No. 3-9274


                                                       :
          In the Matter of the Application of          :
                                                       :
                    JOHN J. FIERO                      :
               83 Montgomery Street, #302              :
            Jersey City, New Jersey  07302             :
                                                       :
     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

               Violation of NASD Rules

               Failure to Provide Requested Testimony

          President and sole owner of member of registered securities
          association failed to provide, in a timely manner, testimony
requested
          by association in connection with investigation.  Held,
association's
          findings of violation and sanctions imposed are sustained.

     APPEARANCES:

          Martin H. Kaplan, of Gusrae, Kaplan & Bruno, for John J. Fiero.

SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • REGISTERED SECURITIES ASSOCIATION -- REVIEW OF DISCIPLINARY PROCEEDINGS
  • Violation of NASD Rules
  • President and sole owner of member of registered securities association failed to provide, in
  • association's findings of violation and sanctions imposed are sustained.
  • Martin H. Kaplan, of Gusrae, Kaplan & Bruno, for John J. Fiero.
  • John J. Fiero, president and sole owner of Fiero Brothers, Inc., a member of the National
  • the NASD conducted a non-public investigation of certain short selling activity by the Firm
  • This case involves Fiero's refusal to testify on January 23,
  • Fiero stated that he would not agree to be interviewed unless he was allowed to obtain a copy
  • The staff determined that this was appropriate in the interests of fairness, since Fiero was
  • However, the staff denied the request of Fiero s counsel for a copy of the transcript of
  • In explaining its refusal to release the transcript, the staff expressed concern that
  • Fiero that, if he persisted in his refusal to proceed with the interview, they would
  • Although there was no procedure for appealing the staff's determination, Fiero's counsel
  • We have also stressed that members and their associated persons may not impose conditions on
  • As one court stated in sustaining the similar refusal of a transcript by this Commission:
  • Contrary to Fiero's further contention, the refusal of a copy of the transcript did not deny
  • Act of 1934.
  • not relate to his customer business or to his market
  •    |