UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION SECURITIES EXCHANGE ACT OF 1934 Release No. 40964 / January 22, 1999 ADMINISTRATIVE PROCEEDING FILE NO. 3-9815 : ORDER INSTITUTING A PUBLIC In the Matter of : PROCEEDING PURSUANT TO SECTIONS : 15(b)(6) AND 19(h) OF THE SECURITIES : EXCHANGE ACT OF 1934, MAKING Eric Monchecourt : FINDINGS AND IMPOSING REMEDIAL : SANCTIONS I. The Securities and Exchange Commission ("Commission") deems it appropriate and in the public interest that a proceeding be instituted pursuant to Sections 15(b)(6) and 19(h) of the Securities Exchange Act of 1934 ("Exchange Act") with respect to Eric Monchecourt ("Monchecourt"). In anticipation of the institution of these proceedings, Monchecourt has submitted to the Commission an Offer of Settlement which the Commission has determined to accept. Solely for the purpose of these proceedings and any other proceedings brought by or on behalf of the Commission, or to which the Commission is a party, and without admitting or denying the findings of fact or conclusions of law, except those contained in paragraph III.B. below, which are admitted, Monchecourt consents to the entry of this Order Instituting a Public Proceeding, Making Findings and Imposing Remedial Sanctions ("Order"). II. Accordingly, IT IS ORDERED that a proceeding pursuant to Sections 15(b)(6) and 19(h) of the Exchange Act is hereby instituted. III. On the basis of this Order and the Offer of Settlement submitted by Monchecourt, the Commission finds that: A. From at least 1987 through 1989, Monchecourt was executive vice-president and a director of Power Securities Corp. ("Power"). During the same period, Power was a broker-dealer registered with the Commission pursuant to Section 15 of the Securities Exchange Act of 1934; B. On December 2, 1998, in Securities and Exchange Commission v. Power Securities Corporation, et al. (C.A. No. 90-S-1579), the United States District Court for the District of Colorado entered a final judgment permanently enjoining Monchecourt from violating Sec- tion 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder; and C. The Commission alleged in Securities and Exchange Commission v. Power Securities Corporation, et al. that Monchecourt, during 1988, engaged in repeated fraudulent conduct, particularly directing that registered representatives of Power make fraudulent misrepresentations and omissions in connection with the offer and sale to customers of penny stocks. IV. In view of the foregoing, it is in the public interest to impose the sanctions specified in the Offer of Settlement. Accordingly, IT IS ORDERED THAT: A. Monchecourt is barred from association with any broker, dealer, investment company, investment adviser or municipal securities dealer effective immediately; and B. Monchecourt is barred from participation in any offering of penny stock. By the Commission. Jonathan G. Katz Secretary