UNITED STATES SECURITIES AND EXCHANGE COMMISSION Securities Exchange Act of 1934 Release No. 39812 / March 27, 1998 Administrative Proceeding File No. 3- 9570 In the Matter of George J. Kolar The Securities and Exchange Commission (Commission) instituted public administrative proceedings pursuant to Sections 15(b), 19(h) and 21B of the Securities Exchange Act of 1934 (Exchange Act) against George J. Kolar. The Order Instituting Proceedings (Order) finds that Kolar, while employed at a registered broker- dealer, failed reasonably to supervise a registered representative subject to his supervision, within the meaning of Section 15(b)(4)(E) of the Exchange Act. Specifically, the Order finds that, from approximately January 1992 through June 1995, Kolar was the manager of a branch office of the broker-dealer located near Detroit, Michigan and also supervised the branch manager of the broker-dealer's Troy, Michigan, branch office and the registered representatives in that office. The Order further finds that Kolar failed reasonably to supervise a registered representative in the Troy branch office with a view toward preventing his violations of the federal securities laws. The Order states that the registered representative sold approximately $13.6 million in promissory notes (Notes) issued by Lease Equities Fund, Inc. (LEF) to his customers at the broker-dealer, and that the Notes were not registered with the Commission and were not approved by the broker-dealer for sale to its customers. The Order also finds that the Notes were part of a "Ponzi" scheme, that the registered representative offered and sold the Notes without conducting any due diligence, and that he made misrepresentations of, and omitted to state, material facts to investors concerning the use of investor funds, the source of funds to be repaid to investors, the risks associated with the securities, the collateral for the securities and the returns to be realized. The Order further finds that the registered representative's customers lost at least $10 million due to the fraudulent nature of the Notes. The Order finds that, beginning in or about August 1992, Kolar received a "red flag" in the form of a complaint made to him by an individual who provided certain financial services to clients of the broker-dealer. According to the Order, the complainant told Kolar that the registered representative had been selling LEF securities to his customers at the broker-dealer. After receiving the red flag, the Order finds, Kolar did not take any steps to investigate the complaint other than relying on the registered representative's unverified representations that he did not solicit or sell LEF securities to his customers. A hearing will be scheduled to determine what, if any, remedial action is appropriate against Kolar and whether he should be ordered to pay a civil penalty.