UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION SECURITIES EXCHANGE ACT OF 1934 RELEASE NO. 40601 / October 26, 1998 ADMINISTRATIVE PROCEEDING FILE NO. 3-9760 ______________________________ : ORDER INSTITUTING PROCEEDINGS, In the Matter of : MAKING FINDINGS AND IMPOSING : REMEDIAL SANCTIONS PURSUANT TO DANIEL J. BUBALO, : SECTIONS 15(b) and 19(h) OF THE : SECURITIES EXCHANGE ACT OF 1934 Respondent. : : ______________________________: I. The Securities and Exchange Commission ("Commission") deems it appropriate and in the public interest that public administrative proceedings be instituted against Daniel J. Bubalo ("Bubalo") pursuant to Sections 15(b) and 19(h) of the Securities Exchange Act of 1934 ("Exchange Act"). II. In anticipation of the institution of these proceedings, Bubalo has submitted an Offer of Settlement ("Offer") 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 Commission's findings contained herein, except the Commission's findings set forth in Paragraphs III.A. and B., which are admitted, Bubalo consents to the entry of this Order Instituting Proceedings, Making Findings and Imposing Remedial Sanctions Pursuant to Sections 15(b) and 19(h) of the Securities Exchange Act of 1934 ("Order"). Accordingly, IT IS HEREBY ORDERED that proceedings pursuant to Sections 15(b) and 19(h) of the Exchange Act be and hereby are instituted. III. On the basis of this Order and Bubalo's Offer, the Commission finds that[1]: A. From in or around 1991 through in or around February 1995 (hereinafter "the relevant time period"), Bubalo was not registered as a broker or dealer with the Commission pursuant to the Exchange Act. During the relevant period, Bubalo used Omni International Trading, Inc. ("Omni"), to effect transactions in, or induce or attempt to induce the purchase or sale of, certain Omni securities, at a time when Bubalo was not registered with the Commission as a broker or dealer. B. On October 9, 1998, in the case of SEC v. Omni International Trading, Inc. et al., (Civil Action File No. 97 Civ. 2116), the United States District Court for the District of Minnesota, entered an Order of Permanent Injunction and Other Equitable Relief against Bubalo, pursuant to his consent and without his admitting or denying the allegations contained in the Commission's Complaint, enjoining Bubalo from violating Sections 5(a), 5(c) and 17(a) of the Securities Act, Sections 10(b), 15(a)(1) and 15(c)(1) of the Exchange Act and Rules 10b-5 and 15c1-2 promulgated thereunder. The Complaint was based on the conduct alleged below. From in or about January 1991 through in or about February 1995, Omni and the other defendants, including Bubalo, defrauded public investors through the offer and sale of over $4 million in Omni securities. These securities were not registered with the Commission. Throughout this time period, the Complaint alleged that Bubalo, an officer of Omni, and the other defendants, in connection with the offer and sale of these Omni shares, made numerous misrepresentations and omitted to state material facts regarding, among other things, Omni's future revenues, the use of proceeds, the listing of Omni securities for trading on the National Association of Securities Dealers Automated Quotations system ("NASDAQ"), a purported tender offer, the expected profit to be made on the tender offer and the commissions to be earned. In addition, the Complaint alleged that Bubalo acted as an unregistered broker or dealer. IV. In light of the foregoing, it is in the public interest to impose the sanctions specified in the Offer submitted by Bubalo. ACCORDINGLY, IT IS HEREBY ORDERED that Daniel J. Bubalo be, and hereby is, barred from association with any broker, dealer, municipal securities dealer, investment company or investment adviser. By the Commission. Jonathan G. Katz Secretary **FOOTNOTES** [1]: The findings herein are made pursuant to Bubalo's Offer of Settlement and are not binding on any other person or entity named as a respondent in this or any other proceeding.