United States Securities and Exchange Commission Securities Act of 1933 Release No. 7527 / April 24, 1998 Securities Exchange Act of 1934 Release No. 39913 / April 24, 1998 Administrative Proceedings File No. 3-9585 ADMINISTRATIVE PROCEEDINGS INSTITUTED AGAINST DAVID T. BARR The Commission has issued an Order Instituting Public Administrative and Cease-and-Desist Proceedings Pursuant to Section 8A of the Securities Act of 1933 and Sections 15(b)(6) and 19(h) of the Securities Exchange Act of 1934 ("Order") against David T. Barr, a branch manager of the Ithaca, New York branch office of Advest, Inc. In the Order, the Division of Enforcement ("Division") alleges that between February and August 1993, Barr sold over 350,000 shares of unregistered stock in International Trade & Commerce Corp., a worthless shell corporation, to approximately 40 investors. The Division alleges that these sales were required to be registered because the sellers were ITC's controlling shareholders. The Order further alleges that Barr should have been on notice that the sellers were control persons and that their stock required registration. However, Barr conducted no investigation to determine whether registration was required. The Division also alleges that Barr distributed false information releases, which he had received from the controlling shareholders, to potential investors. The releases stated that ITC was in the process of acquiring other businesses and planned to conduct a public offering of its stock. The Division alleges that Barr knew or was reckless in not knowing that the statements in the information releases were false. The Division alleges that Barr willfully violated Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933. A public hearing will be scheduled to determine whether the allegations against Barr are true, and, if so, what remedial sanctions are appropriate and in the public interest pursuant to Sections 15(b)(6) and 19(h) of the Securities Exchange Act of 1934 and whether a cease-and-desist order should be entered pursuant to Section 8A of the Securities Act of 1933.