UNITED STATES SECURITIES AND EXCHANGE COMMISSION SECURITIES ACT OF 1933 Release No. 7615 / December 9, 1998 SECURITIES EXCHANGE ACT OF 1934 Release No. 40766 / December 9, 1998 ADMINISTRATIVE PROCEEDING File No. 3-9786 The U.S. Securities and Exchange Commission announced today that it issued an order instituting public administrative and cease-and-desist proceedings against Richard Hoffman ("Hoffman") and instituting public administrative proceedings against Kirk Montgomery ("Montgomery"). According to the order, Hoffman is the principal of a one- person branch office of an Atlanta-based broker-dealer. That branch office, located in Hoffman's home in Palm, Pennsylvania, services approximately 2000 accounts. The Division of Enforcement alleges that between July 1, 1993, and December 31, 1994, Hoffman defrauded some of his customers by inducing them to incur the costs associated with liquidating shares of a mutual funds which they had owned for a relatively short period of time in order to purchase shares of another mutual fund. Hoffman, did so in order to increase his compensation when the benefit to the customer did not justify those costs. The Commission's order also alleges that Hoffman failed to inform his customers of material facts such as the charges and fees they would incur when they liquidated shares of certain mutual funds, the charges and fees associated with purchasing shares of mutual funds and the availability of less expensive alternatives for changing mutual funds. In the order, the Division also alleges that Hoffman recommended that some customers, who wanted relatively safe investments, invest in speculative mutual funds that he should have known were unsuitable for those customers. Hoffman sold shares of mutual funds to a customer in an amount close to the level at which that customer could have received a commission discount without informing his customer of the availability of that discount and making sure that his customer had adequate opportunity to study and understand his choices. In the order, the Division also alleges that Montgomery, who was the Chief Compliance Officer of the broker-dealer with which Hoffman was associated, failed to supervise Hoffman reasonably. The broker-dealer's supervisory procedures delegated to Montgomery the responsibility for supervising the principals of certain branch offices such as Hoffman's. Montgomery, failed to ever conduct a review of all of Hoffman's accounts for evidence of sale practice abuses or to ensure that anyone else regularly conducted such a review. According to the Division, Montgomery also failed to employ the automated mutual fund switching exception report which he represented to the Commission was "operational" to monitor for mutual fund switching. Those failures on Montgomery's part contributed to the registered broker-dealer's failure to detect the switching in which Hoffman was engaging in 1993 and 1994. A hearing will be scheduled to determine whether the allegations against Hoffman and Montgomery are true, and if so, what sanctions, if any, are appropriate in the public interest against them.