UNITED STATES OF AMERICA
|In the Matter of
|ORDER MAKING FINDINGS,
IMPOSING REMEDIAL SANCTIONS
AND IMPOSING A CEASE-AND-
In connection with a public administrative proceeding instituted against him pursuant to Section 8A of the Securities Act of 1933 ("Securities Act") and Sections 15(b) and 21C of the Securities Exchange Act of 1934 ("Exchange Act"), Roland Acevedo ("Acevedo") has submitted an Offer of Settlement ("Offer") to the Securities and Exchange Commission ("Commission"), which the Commission has determined to accept. Solely for the purpose of this proceeding and any other proceeding brought by or on behalf of the Commission or in which the Commission is a party, and without admitting or denying the findings contained herein, except as to jurisdiction which is admitted, Acevedo consents to the entry of the findings and orders set forth below.
On the basis of this Order Making Findings, Imposing Remedial Sanctions, and Imposing a Cease-and-Desist Order ("Order") and the Offer submitted by Acevedo, the Commission makes the following findings1:
A. Roland Acevedo ("Acevedo"), at the time of the conduct in question was 48 years old, and a resident of New York. Although Acevedo was previously a registered representative, at the time of the conduct in question he was not, and currently is not, associated with a registered broker-dealer.
B. LBU, Inc. f/k/a New Century Media Ltd. is located in Carlstadt, New Jersey. The company purports to manufacture industrial laundry bags. The company's securities are penny stocks and are registered with the Commission pursuant to Section 15(d) of the Exchange Act and are listed on the Over-the-Counter Bulletin Board under the symbol LBUAA.
C. During the period from at least in or about November 1995 through December 1995, Acevedo offered to pay, and did pay, undisclosed compensation to person(s) whom he believed to be registered representative(s) or registered principal(s), to induce such registered representatives, registered principals or persons to purchase the common stock of LBUAA for the accounts of customers. For example, on or about December 11, 1995, Acevedo, directly or indirectly, paid or caused to be paid $1,200 to a broker-dealer which was undisclosed compensation for a previous purchase of 3,000 shares of LBUAA at approximately $1.625 per share by the broker-dealer. Accordingly, Acevedo willfully violated, and committed and caused violations of, Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder.
Based on the foregoing, the Commission deems it appropriate and in the public interest to impose the sanctions and issue the cease-and-desist order as specified in the Offer of Settlement.
Accordingly, IT IS HEREBY ORDERED that:
1. Respondent Acevedo, effective immediately, cease and desist from committing or causing any violations and any future violations of Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder;
2. Respondent Acevedo, effective immediately, be and hereby is barred from participation in penny stock offerings; and
3. Respondent Acevedo, prior to the close of business on the thirtieth day after the date of the Order, pay disgorgement in the amount of $243.75, plus interest from November 1995 to the date of the Order,2 to the United States Treasury. Such payment shall be: (a) made by United States postal money order, certified check, bank cashier's check or bank money order; (b) made payable to the U.S. Securities and Exchange Commission; (c) hand-delivered or mailed to the Comptroller, Securities and Exchange Commission, Mail Stop 0-3, 6432 General Green Way, Alexandria, Virginia 22312; and (d) submitted under cover letter which identifies Roland Acevedo as the Respondent in this proceeding, the file number of this proceeding, 3-9158, and a copy of which cover letter and money order or check shall be sent to Wayne Carlin, Associate Regional Director, Securities and Exchange Commission, Northeast Regional Office, 7 World Trade Center, 13th Floor, New York, New York 10048.
By the Commission.
Jonathan G. Katz
|1||Any findings contained herein are made pursuant to Respondent Acevedo's Offer of Settlement and are not binding on any other person or entity named as a respondent in this or any other proceeding.|
|2||The amount of prejudgment interest is to be calculated using the Internal Revenue Service late payment rate.|
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