|
|
| In
the Matter of the Association of X with The Sponsoring Firm as a
General Securities Representative And Equity Trader MC-400:
January 2002 Redacted
Decision |
DENIED by Hearing Panel of the NASDR Statutory Disqualification Committee/ NAC |
| SD Event | In October 2000, X pled guilty in Superior Court, State 1, to the felony offense of possession of a controlled dangerous substance with intent to distribute within 1000 feet of school property. Drug was ecstasy and incident occurred at X’s parent’s home (which was next to a school) when he gave drug to police informant. The court sentenced X to serve five years' probation |
| Sentence expiration | November 2005 |
| Prior Industry Activity | RR from 1997 – 2000. |
| Background | Following sentencing RR served six months in an inpatient substance abuse program. Upon release he day traded his personal account without success and became an estimator for a window company. No regulatory history during 4 years in industry. |
| Sponsoring Firm | NASD member since 1953. Wholesale market making. 1 OSJ. No offices. 4 GSP. 17 RRs. AWCs: firm quote, Censure/$10,000 fine; limit order and trading ahead, Censure/$3,000; trade reporting and books & records, Censure/$6,000 ; trade reports, trading ahead, short-sale determinations, $18,000 fine. 2 LOCs |
| Proposed Activity | General securities rep and equity trader. Located at home office. |
| Proposed Supervisor | Compliance Director. GSR 1981. GSP 1992. With firm since 1992. 1989 AWC for short selling determination ($2,500 fine). |
| Member Regulation Recommendation | Permitted |
| Considerations | Felony conviction a very serious matter signifying poor judgment and lack of responsibility. Recency of 1999 arrest and pendency of probationary period. Conviction less than 1 ˝ years ago. Substance abuse treatment completed less than one year ago. |
| Citations | Frank Kufrovich, Exchange Act Rel. No. 4537 (Feb. 13, 2002)[nature and recency of a felony]. |
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