==========================================START OF PAGE 1====== Securities Act of 1933 Release No. 7307 / June 27, 1996 Securities Exchange Act of 1934 Release No. 37375 / June 27, 1996 Investment Advisers Act of 1940 Release No. 1567 / June 27, 1996 Administrative Proceeding, File No. 3-9032 PUBLIC PROCEEDINGS INSTITUTED AGAINST MARC N. GEMAN The United States Securities and Exchange Commission today announced that it has issued an Order Instituting Public Proceedings and Notice of Hearing Pursuant to Section 8A of the Securities Act of 1933, Sections 15(b), 19(h) and 21C of the Securities Exchange Act of 1934 and Sections 203(f) and 203(k) of the Investment Advisers Act of 1940 ("Order") against Marc N. Geman ("Geman"). Geman is the former Chairman and Chief Executive Officer of a dually-registered broker-dealer/investment adviser and wrap fee program sponsor (the "Firm") based in Denver, Colorado. The Order alleges that Geman willfully violated Section 17(a)(1), (2) and (3) of the Securities Act of 1933 ("Securities Act") and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder and that Geman willfully aided and abetted and caused the Firm's violations of Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, and Sections 206(1) and 206(2) of the Investment Advisers Act of 1940 ("Advisers Act"), which violations occurred because the Firm: (1) misrepresented the quality of execution wrap fee clients would receive on certain trade orders, (2) took secret profits on securities the Firm traded with its wrap fee clients, and (3) failed to disclose information material to the Firm's clients concerning the Firm's compensation for services under the wrap fee program. The Order further alleges that Geman aided and abetted and caused the Firm's violations of Rule 10b-10 under the Exchange Act by not disclosing markups, markdowns or other transaction compensation received by the Firm on principal trades with wrap fee clients. The Order further alleges that Geman aided and abetted and caused the Firm's violations of Section 17(a)(1) of the Exchange Act and Rules 17a-3 and 17a-11 thereunder through the Firm's failure to maintain required broker-dealer records and make required reports to the Commission. A hearing will be scheduled to take evidence on the staff's allegations and to afford Geman the opportunity to present any ==========================================START OF PAGE 2====== defenses. The purpose of the hearing is to determine whether the allegations are true and whether remedial action under the Securities Act, Securities Exchange Act and Investment Advisers Act is appropriate and in the public interest.