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U.S. Securities and Exchange Commission

SEC Open Meeting Agenda
Wednesday, September 17, 2003, 2:15 p.m.

Agenda as of the afternoon of September 16, 2003. Note that Open Meeting agendas are subject to last-minute changes.

Item 1: RichMark Capital Corporation and Doyle Mark White
Office:  Office of the General Counsel
Item 2: Robert J. Setteducati
Office:  Office of the General Counsel


Item 1: RichMark Capital Corporation and Doyle Mark White

The Commission will hear oral argument on an appeal of RichMark Capital Corporation, a registered broker-dealer, and Doyle Mark White, its 50% owner, from the decision of an administrative law judge.

The law judge found that respondents willfully violated the antifraud provisions of 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. He suspended for 90 days RichMark's broker-dealer registration and White from association with any broker or dealer, assessed civil money penalties of $275,000 against RichMark and $55,000 against White, held RichMark and White jointly and severally liable for the disgorgement of $25,617.86 plus prejudgment interest, and imposed a cease-and-desist order.

Among the issues likely to be argued are:

  1. whether respondents made adequate disclosure to customers to whom they recommended and sold stock of PCC Group, Inc. (PCCG) that respondents were selling their own shares of PCCG at the same time;
     
  2. whether respondents made adequate disclosure to PCCG customers of respondents' financial incentive to sell PCCG stock arising from the compensation respondents received under an investment banking agreement between PCCG and RichMark; and
     
  3. whether sanctions should be imposed in the public interest.

For further information, contact the Office of the Secretary at (202) 942-7070.

Item 2: Robert J. Setteducati

The Commission will hear oral argument on an appeal by the Division of Enforcement from the decision of an administrative law judge dismissing proceedings against Robert J. Setteducati. The Division alleged that Setteducati, formerly executive vice president of H.J. Meyers & Co., Inc., a former registered broker-dealer, was part of an effort by the firm to manipulate the market for the stock of Borealis Technology Corporation during 1996, in violation of antifraud provisions of the securities laws.

The law judge found that:

  1. the market for Borealis had not been manipulated, and that
     
  2. even if the Borealis market had been manipulated, Setteducati's role in the Borealis offering and aftermarket trading was insufficient to hold him liable for any such misconduct.

Among the issues likely to be argued are:

  1. whether the evidence supports the Division's allegations; and
     
  2. whether and to what extent sanctions should be imposed in the public interest.

For further information, contact the Office of the Secretary at (202) 942-7070.

 

http://www.sec.gov/news/openmeetings/agenda091703.htm

Modified: 09/16/2003