INVESTMENT ADVISERS ACT OF 1940 Release No. 1768 / September 30, 1998 In the Matter of Bell Capital Management, Inc., Ronnie H. Bell, Thomas C. Comsudes, and Mark S. Palmer The U.S. Securities and Exchange Commission announced today that it issued an order instituting public administrative and cease-and-desist proceedings ("order") against Bell Capital Management, Inc. ("Bell Capital"), its President, Ronnie H. Bell, and two of its Vice Presidents, Thomas C. Comsudes, and Mark S. Palmer. The proceedings are to determine whether Bell Capital violated the antifraud and record-keeping provisions of the Investment Advisers Act of 1940 and whether the individuals aided and abetted Bell Capital's violations of the antifraud provisions. In its order, the Commission alleged that Bell Capital's primary marketing tool, an advertising brochure, was false and misleading in that the performance results contained therein did not reflect the deduction of advisory and other fees and because Bell Capital, for some of the years listed, failed to disclose the effect of material market and economic conditions on those performance results. The Commission also alleged in the order that Bell Capital's brochure was misleading in that it did not prominently disclose that some of the performance results contained in it were hypothetical and others were actual. The order further alleged that Bell Capital did not have the documents necessary to support the performance figures contained in its advertising brochure. A hearing will be scheduled to determine whether the allegations against Bell Capital, Ronnie H. Bell, Thomas C. Comsudes, and Mark S. Palmer ("respondents") are true, and if so, what sanctions, if any, are appropriate in the public interest against the respondents.