UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION SECURITIES EXCHANGE ACT OF 1934 Release No. 41132 / March 3, 1999 ADMINISTRATIVE PROCEEDING File No. 3-9841 : In the Matter of : ORDER INSTITUTING A PUBLIC PROCEEDING : PURSUANT TO SECTION 15(b) OF THE : SECURITIES EXCHANGE ACT OF 1934, MAKING Robert D. Sichta, : FINDINGS AND IMPOSING PENNY STOCK BAR : Respondent : : I. The Securities and Exchange Commission ("Commission") deems it appropriate and in the public interest that a proceeding be instituted pursuant to Section 15(b)(6) of the Securities Exchange Act of 1934 ("Exchange Act") with respect to Robert D. Sichta ("Sichta"). In anticipation of the institution of these proceedings, Sichta has submitted to the Commission an Offer of Settlement which the Commission has determined to accept. Solely for the purpose of these proceedings and any other proceedings brought by or on behalf of the Commission, or to which the Commission is a party and without admitting or denying the findings, except those contained in paragraphs III(A) and (B) below, which are admitted, Sichta consents to the entry of this Order Instituting a Public Proceeding Pursuant to Section 15(b) of the Securities Exchange Act of 1934, Making Findings and Imposing Penny Stock Bar ("Order"). II. Accordingly, IT IS ORDERED that a proceeding pursuant to Section 15(b)(6) of the Exchange Act is hereby instituted. III. On the basis of this Order and the Offer of Settlement submitted by Sichta, the Commission finds that: A. From approximately October 1989 through September 1990, Sichta acted as securities counsel for U.S. Mint, Inc. ("U.S. Mint"). During the same period, U.S. Mint was a publicly held company whose securities were registered with the Commission pursuant to Section 12 (g) of the Exchange Act and fell within the definition of "penny stock" set forth in Rule 3a51-1 under the Exchange Act. Sichta participated in an offering of U.S. Mint stock; B. On January 29, 1997, Sichta was convicted, on his plea of guilty, of one count of securities fraud in violation of Title 15, U.S.C., Sections 78j(b) and 78ff, and one count of wire fraud, in violation of Title 18, U.S.C., Section 1343. U.S. v. Robert D. Sichta. (Case No. 95-CR-212-S) (D. Colo.); and C. The superseding indictment underlying Sichta's conviction alleged, among other things, that Sichta prepared or assisted in the preparation of fraudulent representations concerning U.S. Mint's business, including statements that U.S. Mint was the largest supplier of gaming tokens in the United States. The indictment also alleged that Sichta paid bribes to registered representatives in return for promoting and selling U.S. Mint stock. IV. In view of the foregoing, it is in the public interest to impose the sanctions specified in the Offer of Settlement. Accordingly, IT IS ORDERED THAT Sichta be and hereby is barred from participating in any offering of penny stock. By the Commission. Jonathan G. Katz Secretary CERTIFICATE OF SERVICE Rule 141 of the Commission's Rules of Practice provides that the Commission shall give appropriate notice of an order instituting proceedings on each person named in the order as a party. The Secretary may direct an interested division to assist in making service. The attached Order Instituting Administrative Proceedings Pursuant To Sections 15(b) and 19(h) of the Securities Exchange Act of 1934 has been served on the following parties and other persons entitled to notice: Chief Administrative Law Judge Brenda P. Murray Securities and Exchange Commission 450 5th Street, NW, STOP 11-6 Washington, D.C. 20549 Charlotte L. Buford Branch of Regional Office Assistance Division of Enforcement Securities and Exchange Commission 450 5th Street, NW, STOP 8-9 Washington, D.C. 20549 Thomas D. Carter Central Regional Office Securities and Exchange Commission 1801 California Street, Suite 4800 Denver, Colorado 80202-2648 Robert D. Sichta Reg. No. 45939-053 Dormitory #4 - P.O. Box 600 FPC Eglin AFB, FL 32542-7606