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Municipal Securities Cases and Materials:
Supplemental Text (2001 - 2003 Cases)
Office of Municipal Securities
Division of Market Regulation
December 2003
This compilation was prepared by the Office of Municipal Securities in the Division of Market Regulation of the Securities and Exchange Commission and supplements the Municipal Securities Cases and Materials Text that was issued in January 2001. It contains the full text of certain Commission orders/opinions, administrative law judge decisions, and litigation releases, as well as federal court decisions, involving participants in municipal securities transactions. In some instances, the document is a determination of fact and law following a hearing; in others, findings made by the Commission in a settled proceeding in which the named party has neither admitted nor denied the findings, but consented to entry of the order. In still other instances, such as a complaint, the document may consist of allegations.
The compilation organizes enforcement actions by relevant participants to municipal securities transactions or topics. However, inclusion under a particular heading does not limit in any manner the relevance of the document to other participants or topics.
While this compilation provides an extensive review of Commission activity in the municipal securities market, it does not purport to be exhaustive. It also does not include actions by private parties under the federal securities laws arising from municipal securities transactions, or Commission and private actions under the antifraud and other sections of the federal securities law arising from transactions not involving municipal securities. Such materials may also be useful to the reader.
The reader is encouraged to consult the web site maintained by the Commission at http://www.sec.gov for future releases.
Download/view the entire compilation (3 MB Adobe Acrobat PDF file)
Links to Case Materials Included in the Compilation
You may use these links to view the original website materials for individual cases.
Issuers
Administrative Proceedings - Commission Decisions
- In the Matter of the City of Miami, Florida, Cesar Odio and Manohar Surana, A.P. File No. 3-10022, Initial Decision Release No. 185 (June 22, 2001) (initial decision of administrative law judge)
- In the Matter of the City of Miami, Florida, Securities Act Release No. 8213, Exchange Act Release No. 47552, A.P. File No. 3-10022 (March 21, 2003).
Commission Orders - Settled Administrative Proceedings
Public Officials
Commission Orders - Settled Administrative Proceedings
- In the Matter of the Massachusetts Turnpike Authority and James J. Kerasiotes, Securities Act Release No. 8260, A.P. File No. 3-11198 (July 31, 2003).
See "Issuers" section.
Obligated Persons
Injunctive Proceedings
- SEC v. David W. McConnell and Charles P. Morrison, Civ. Action No. 00-CV-2261 (E. D. Pa.), Litigation Release No. 16885 (January 31, 2001)
- SEC v. Manoucher Sarbaz, Pacific Golf Community Development LLC and Lee Andrew Hill, Civ Action No. CV 03 1310 JSL (CTX) (C.D. Cal.), Litigation Release No. 18001 (February 26, 2003) (complaint).
- SEC v. Terry Richard Martin, Silver Legacy Corporation, Silver Sound LLC, Jonas David Smith, Michael W. McCall, Charles J. Tull, Ibis Securities LLC, Kenneth R. Martin, George Tamura, Goldman Sig, Inc., Edward L. Tezak, Signal Mortgage Inc., and John H. White, Civ Action No. C 03-2646 C (W.D. Wash.), Litigation Release No. 18315 (August 28, 2003) (complaint).
Underwriters
Injunctive Proceedings
- SEC v. David Fitzgerald and Pacific Genesis Group, Inc., Civ Action No. C-00-4802 (CRB) (N.D. Cal.), Litigation Release No. 16854 (January 4, 2001).
- SEC v. David Fitzgerald and Pacific Genesis Group, Inc., Litigation Release No. 16907 (February 23, 2001).
- SEC v. David Fitzgerald and Pacific Genesis Group, Inc., Litigation Release No. 17432 (March 22, 2002).
- SEC v. Terry Richard Martin, Silver Legacy Corporation, Silver Sound LLC, Jonas David Smith, Michael W. McCall, Charles J. Tull, Ibis Securities LLC, Kenneth R. Martin, George Tamura, Goldman Sig, Inc., Edward L. Tezak, Signal Mortgage Inc., and John H. White, Civ Action No. C 03-2646 C (W.D. Wash.), Litigation Release No. 18315 (August 28, 2003) (complaint).
See "Obligated Persons" section.
Commission Orders - Settled Administrative Proceedings
- In the Matter of Legg Mason Wood Walker, Incorporated, Thomas M. Daly, Jr., and Joseph A. Sullivan, Exchange Act Release No. 44407, A.P. File No. 3-10068 (June 11, 2001).
- In the Matter of Rauscher Pierce Refsnes, Inc., now known as Dain Rauscher Incorporated, Securities Act Release No. 8013, Exchange Act Release No. 44864, A.P. File No. 3-10592 (September 27, 2001).
- In the Matter of Pryor, McClendon, Counts & Co., Inc., n/k/a Pryor, Counts & Co., Inc., Raymond J. McClendon, Allen W. Counts, and Theresa A. Stanford, Securities Act Release No. 8062, Exchange Act Release No. 45402, A.P. File No. 3-9884 (February 6, 2002).
- In the Matter of David E. Fitzgerald, Exchange Act Release No. 45599, A.P. File No. 3-10729 (March 20, 2002).
- In the Matter of Fifth Third Securities, Inc., Exchange Act Release No. 46087, A.P. File No. 3-10804 (June 18, 2002).
- In the Matter of Fifth Third Securities, Inc., Exchange Act Release No. 46088, A.P. File No. 3-10804 (June 18, 2002).
- In the Matter of RBC Dain Rauscher Incorporated, as successor to Rauscher Pierce Refsnes, Inc., Securities Act Release No. 8121, Exchange Act Release No. 46346, A.P. File No. 3-10863 (August 13, 2002).
- In the Matter of Kenneth D. Ough, Securities Act Release No. 8141, Exchange Act Release No 46736, A.P. File No. 10922 (October 29, 2002).
Financial Advisors
Administrative Proceedings - Commission Decisions
- In the Matter of Kevin G. Quinn, A.P. File No. 3-10098, Initial Decision No. 186 (July 27, 2001) (initial decision of administrative law judge).
- In the Matter of Kevin G. Quinn, Securities Act Release No. 8020, Exchange Act Release No. 44879, A.P. File No. 3-10098 (September 28, 2001) (finality order).
- In the Matter of Joseph P. Galluzzi, A.P. File No. 3-10209, Initial Decision Release No. 187 (August 7, 2001) (initial decision of administrative law judge).
- In the Matter of Joseph P. Galluzzi, Exchange Act Release No. 46405, A.P. File No. 3-10209 (August 23, 2002).
- In the Matter of RBC Dain Rauscher Incorporated, as successor to Rauscher Pierce Refsnes, Inc., Securities Act Release No. 8121, Exchange Act Release No. 46346, A.P. File No. 3-10863 (August 13, 2002).
See "Underwriters" section.
- In the Matter of Wheat, First Securities, Inc. f/k/a First Union Capital Markets Corp. and Teressa L. Cawley, Exchange Act Release No. 48378, A.P. File Nos. 3-9688 and 3-9794 (August 20, 2003).
Commission Orders - Settled Administrative Proceedings
- In the Matter of John S. Reger II, and Business & Financial Advisors, Inc., Securities Act Release No. 7973, A.P. File No. 3-10221 (April 23, 2001).
- In the Matter of RBC Dain Rauscher Incorporated, as successor to Rauscher Pierce Refsnes, Inc., Securities Act Release No. 8121, Exchange Act Release No. 46346, A.P. File No. 3-10863 (August 13, 2002).
See "Underwriters" section.
- In the Matter of Kenneth D. Ough, Securities Act Release No. 8141, Exchange Act Release No 46736, A.P. File No. 10922 (October 29, 2002).
See "Underwriters" section.
Attorneys
Injunctive Proceedings
- SEC v. Terry Richard Martin, Silver Legacy Corporation, Silver Sound LLC, Jonas David Smith, Michael W. McCall, Charles J. Tull, Ibis Securities LLC, Kenneth R. Martin, George Tamura, Goldman Sig, Inc., Edward L. Tezak, Signal Mortgage Inc., and John H. White, Civ Action No. C 03-2646 C (W.D. Wash.), Litigation Release No. 18315 (August 28, 2003) (complaint).
See "Obligated Persons" section.
Accountants/Auditors
Injunctive Proceedings
- SEC v. William F. Buettner, Mark D. Kirstein and Amy S. Frazier, Civ Action No. 01-CV-3898 (E.D. Penn.), Litigation Release No. 17083 (August 1, 2001) (complaint).
Commission Orders - Settled Administrative Proceedings
Consultants
Injunctive Proceedings
- SEC v. Manoucher Sarbaz, Pacific Golf Community Development LLC and Lee Andrew Hill, Civ Action No. CV 03 1310 JSL (CTX) (C.D. Cal.), Litigation Release No. 18001 (February 26, 2003) (complaint).
See "Obligated Persons" section.
- SEC v. Terry Richard Martin, Silver Legacy Corporation, Silver Sound LLC, Jonas David Smith, Michael W. McCall, Charles J. Tull, Ibis Securities LLC, Kenneth R. Martin, George Tamura, Goldman Sig, Inc., Edward L. Tezak, Signal Mortgage Inc., and John H. White, Civ Action No. C 03-2646 C (W.D. Wash.), Litigation Release No. 18315 (August 28, 2003) (complaint).
See "Obligated Persons" section.
Sales Practices
Administrative Proceedings - Commission Decisions
Commission Orders - Settled Administrative Proceedings
Reinvestment of Proceeds
Injunctive Proceedings
Commission Orders - Settled Administrative Proceedings
- In the Matter of Steven T. Snyder, Securities Act Release No. 7970, Exchange Act Release No. 44190, A.P. File No. 3-9583 (April 17, 2001).
- In the Matter of Pryor, McClendon, Counts & Co., Inc., n/k/a Pryor, Counts & Co., Inc., Raymond J. McClendon, Allen W. Counts, and Theresa A. Stanford, Securities Act Release No. 8062, Exchange Act Release No. 45402, A.P. File No. 3-9884 (February 6, 2002).
See "Underwriters" section.
http://www.sec.gov/info/municipal/municase1203.htm
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