Hearing Panel Decision in Department of Enforcement v. Respondent

Decision Number E9B2003033701

August 11, 2010

The Hearing Panel dismissed the Complaint following remand. The Department of Enforcement failed to prove by a preponderance of the evidence that Respondent churned a customer's account, in violation of Section 10(b) of the Securities Exchange Act of 1934, Exchange Act Rule 10b-5, and NASD Conduct Rules 2120 and 2110, or recommended and effected excessive trading activity, in violation of NASD Conduct Rules 2310 and 2110 and IM-2310-2.
 

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