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SEC Open Meeting Agenda, 8/24/11

August 24, 2011

Sometimes, it just doesn't seem worth getting up in the morning.  Take today's meeting of SEC Commissioners, for example. 

Open Meeting Agenda
Wednesday, August 24, 2011
Oral Argument in the Matter of Eric J. Brown, Matthew J. Collins, Kevin J. Walsh, and Mark W. Wells

The Commission will hear oral argument in an appeal by Eric J. Brown, Matthew J. Collins, Kevin J. Walsh, and Mark W. Wells (collectively, "Respondents") and a cross-appeal by the Division of Enforcement from an initial decision of an administrative law judge.

Brown and Walsh were formerly associated with registered broker-dealer Prime Capital Services, Inc. ("Prime Capital"), and Collins and Wells are currently associated with Prime Capital.

The law judge found that, in sales of variable annuities to elderly customers, Respondents violated Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, and Exchange Act Rule 10b-5, and Exchange Act Section 17(a) and Exchange Act Rule 17a-3. The law judge also found that Collins failed to reasonably supervise Brown within the meaning of Exchange Act Sections 15(b)(4)(E) and 15(b)(6). For these violations, the law judge issued cease-and-desist orders against Respondents, ordered Respondents to disgorge commissions earned from selling certain variable annuities, barred Respondents from associating with a broker, dealer, or investment adviser, and imposed a third-tier civil monetary penalty of $130,000 against each Respondent.

Issues likely to be considered at oral argument include whether Respondents violated the above provisions and, if so, the extent to which, under the circumstances, sanctions are warranted.

[Note:  C-I apologizes if anyone is offended by what is written in this post.  We do not seek to trivialize the personal affairs of anyone, particularly those of registered individuals involved in serious SEC Enforcement matters.  In the above case,  Respondents face monetary and career threatening penalties, and their appeal will be heard by SEC Commissioners.  That said, any rulings coming out of today's meeting will have limited bearing on the financial services industry, as a whole. 

Which raises another question:  Why would the SEC bother posting such a limited agenda, unless it is mandated to do so by federal regulations.]