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SEC v EXCEL FINANCIAL, INC. , GARY R. BEYNON, et al Click to find out why . . .



Keywords & Phrases
CaseNo: 34-39296, Defendant: Excel Financial, Inc. , Gary R. Beynon, Robert L. Sperry, Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>34-39296, Nasd, Securities, Sales, Applicants, Investors, Funds, Act, Violation, Escrow, Commission, Sanctions, National Association, Misleading, Nonaccredited Investors, Regulation, Escrow Account, Excel, Securities Exchange Act, Securities Dealers, Unregistered Securities, Vice President, Distributing, Private Placement Memorandum, Subscription Agreement, Fair Practice, Sales Literature, Investment, Advertising, Transactions, Sold Unregistered Securities , ContentID: 120247251

Case Documents
1 1997-11-04 SEC COMMISSION OPINION
[ see first page and extracted highlights below  ] ItemID: 117401
20 pages
TXT
Total Documents: 1 document , 20 pages
Price: $ 19.95


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1 . SEC COMMISSION OPINION

EXTRACTED KEY WORDS
SECURITIES
SALES
APPLICANTS
INVESTORS
FUNDS
ACT
VIOLATION
ESCROW
COMMISSION
SANCTIONS
NATIONAL ASSOCIATION
MISLEADING
NONACCREDITED INVESTORS
REGULATION
ESCROW ACCOUNT
EXCEL
SECURITIES EXCHANGE ACT
SECURITIES DEALERS
UNREGISTERED SECURITIES
VICE PRESIDENT
DISTRIBUTING
PRIVATE PLACEMENT MEMORANDUM
SUBSCRIPTION AGREEMENT
FAIR PRACTICE
SALES LITERATURE
INVESTMENT
ADVERTISING
TRANSACTIONS
SOLD UNREGISTERED SECURITIES





                          SECURITIES AND EXCHANGE COMMISSION
                                   Washington, D.C.

     SECURITIES EXCHANGE ACT OF 1934
     Rel. No. 39296 / November 4, 1997

     Admin. Proc. file No. 3-9067
     _______________________________________________________
                                                            :
               In the Matter of the Application of          :
                                                            :
                    EXCEL FINANCIAL, INC.                   :
                   185 South State Street                   :
                         Suite 850                          :
                    Salt Lake City, Utah                    :
                                                            :
                           and                              :
                                                            :
                      GARY R. BEYNON                        :
                    2838 East 4215 South                    :
                    Salt Lake City, Utah                    :
                                                            :
                           and                              :
                                                            :
                     ROBERT L. SPERRY                       :
                  2842 E. Brookburn Road                    :
                   Salt Lake City, Utah                     :
                                                            :
     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 Rules of Fair Practice

                    Sale of Unregistered Securities

                    Misleading Advertisements
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • SECURITIES EXCHANGE ACT OF 1934
  • NATIONAL ASSOCIATION OF SECURITIES DEALERS,
  • Member firm of registered securities association and firm's president and vice president
  • They thereby sold unregistered securities in violation of the Securities
  • Applicants solicited investors using a misleading advertisement.
  • association's findings of violations and sanctions it imposed are sustained.
  • Alden S. Adkins and Susan L. Beesley, for NASD Regulation, Inc.
  • Excel Financial, Inc., a member of the National Association of Securities Dealers, Inc., Gary
  • 1933, and thereby violated Article III, Section 1 of the Rules of Fair Practice.
  • The NASD also found that Applicants had prepared and distributed misleading sales literature
  • For a period of 270 days, Excel was ordered to pre-file its advertising and sales literature
  • date of the private placement memorandum.
  • Beginning on September 11, 1993, before the details of the offering were finalized,
  • The summary did not mention certain other risks of the investment or that the investment was
  • It further specified that the funds would not be released to the Company unless a completed
  • Applicants filed a Form D with us on November 12, 1993, claiming an exemption from
  • The NASD concluded that Applicants, in preparing and distributing the summary, violated
  • Securities Exchange Act Rel.
  •    |