UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION Securities Exchange Act of 1934 Release No. 40322 / August 13, 1998 Investment Advisers Act of 1940 Release No. 1742 / August 13, 1998 Administrative Proceedings File No. 3-9674 : In the Matter of : ORDER INSTITUTING : ADMINISTRATIVE PROCEEDINGS JEFFREY A. EGAN, : PURSUANT TO SECTIONS 15(b) : AND 19(h) OF THE SECURITIES Respondent : EXCHANGE ACT OF 1934 AND : SECTION 203(f) OF THE : INVESTMENT ADVISERS ACT OF : 1940, MAKING FINDINGS AND : IMPOSING REMEDIAL SANCTIONS _____________________________ I. The Commission deems it appropriate and in the public interest that administrative proceedings be instituted pursuant to Sections 15(b) and 19(h) of the Securities Exchange Act of 1934 (Exchange Act) and Section 203(f) of the Investment Advisers Act of 1940 (Advisers Act) against Jeffrey A. Egan (Egan). In anticipation of the institution of these administrative proceedings, the Respondent has submitted an Offer of Settlement, which the Commission has determined to accept. Solely for the purpose of this proceeding and any other proceeding brought by or on behalf of the Commission, or to which the Commission is a party, and without admitting or denying the Commission's findings, except for those contained in Paragraphs III.A. and III.B. below, which are admitted, Respondent consents to the entry of this Order Instituting Administrative Proceedings Pursuant to Sections 15(b) and 19(h) of the Securities Exchange Act of 1934 and Section 203(f) of the Investment Advisers Act of 1940, Making Findings and Imposing Remedial Sanctions (Order). II. Accordingly, it is ordered that administrative proceedings pursuant to Sections 15(b) and 19(h) of the Exchange Act and Section 203(f) of the Advisers Act be, and hereby are, instituted. III. On the basis of this Order and the Offer of Settlement submitted by the Respondent, the Commission makes the following findings: A. Egan, 37, resides in Bloomfield Hills, Michigan. He has been a registered representative since November 1984 and has Series 6, 7, 24, 63, and 65 licenses. Since May 1994, Egan has been associated with a broker-dealer registered with the Commission and an investment adviser registered with the Commission. B.On September 23, 1996, Egan pled guilty to one count of criminal information which charged him with theft of funds from a pension plan. On May 13, 1997, the United States District Court for the Eastern District of Michigan sentenced Egan to fifteen months imprisonment and three years probation and ordered him to make restitution of $2.5 million to the pension fund. See United States v. Jeffrey A. Egan, 96 CR 80371 (ED Mich. 1997). C.The criminal information upon which Egan's conviction was based stated that Egan and two other individuals misappropriated $3.06 million from the pension fund of Peet Packing Company (Peet), a privately owned company based in Chesaning, Michigan. The misappropriation occurred between January and September 1994, and was effected through a series of transfers of the funds, which were designed to conceal and disguise the nature, location, source, ownership, and control of the funds. IV. In view of the foregoing, it is in the public interest to impose the sanction specified in the Offer of Settlement. Accordingly, IT IS ORDERED that Egan is barred from association with any broker, dealer, investment company, investment adviser or municipal securities dealer. By the Commission. Jonathan G. Katz Secretary