SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
SECURITIES ACT OF 1933
Rel. No. 8273 / August 25, 2003
SECURITIES EXCHANGE ACT OF 1934
Rel. No. 48406 / August 25, 2003
Admin. Proc. File No. 3-10576
_________________________________________________________________
In the Matter of
ROBERT M. FULLER
c/o Anthony L. Cochran, Esq.
Chilivis, Cochran, Larkins & Bever, LLP
3127 Maple Drive, NE
Atlanta, Georgia 30305
_________________________________________________________________
OPINION OF THE COMMISSION
CEASE-AND-DESIST PROCEEDING
Respondent, former Chairman of the Board of Directors and Executive
Vice-President of a public corporation, was a cause of corporation's
fraudulent statements and omissions in connection with the offer and
sale of securities and of corporation's reporting violations. , it is
in the public interest to order Respondent to cease and desist from
committing or causing any violations or future violations of the
antifraud and reporting provisions of the securities laws.
APPEARANCES
, , and , for the Division of Enforcement.
, of Chilivis, Cochran, Larkins & Bever, LLP, for Robert M. Fuller.
Appeal filed August 22, 2002
Last brief received November 27, 2002
Oral argument held July 24, 2003
I.
Robert M. Fuller, former Chairman of the Board of Directors and
Executive Vice President for Investor Relations of Vista 2000, Inc.
("Vista"), appeals from an administrative law judge's decision. The
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
Chilivis, Cochran, Larkins & Bever, LLP
Respondent, former Chairman of the Board of Directors and Executive Vice-President of a
, of Chilivis, Cochran, Larkins & Bever, LLP, for Robert M. Fuller.
The law judge found, pursuant to Section 21C of the Securities Exchange Act of 1934, that
The law judge ordered Fuller to cease and desist from committing or causing any violations or
Smyth was a co-founder of Vista with Fuller.
On October 24, 1994, Vista filed a Form SB-2 Registration Statement that became effective
Authorization of Investment of IPO Proceeds
Smyth suggested that Vista transfer $1 million to $1.5 million of the IPO proceeds toGreenway
On October 25, 1994, the same day Vista began public trading, Smyth opened a brokerage
Although Smyth did not deposit any money with Greenway or its clearing broker, Adler Coleman
Between October 27 and November 2, 1994, Smyth continued to purchase Vista shares for the
In December, 1994, Fuller informed Alan Davis, a certified public accountant who was Fuller's
Despite this testimony, and the fact that Fuller signed Vista's management representation
Section 21C of the Exchange Act authorizes the Commission to order a person who was a cause
He received confirmations and account statements detailing the activity in Vista shares in
we concluded that the "likelihood of future violation" requirement that governs the issuance
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