UNITED STATES OF AMERICA
|In the Matter of||: ORDER INSTITUTING PUBLIC|
|: ADMINISTRATIVE PROCEEDINGS|
|MALCOLM MCGUIRE III,||: PURSUANT TO SECTIONS 15(b)(6)|
|: AND 19(h) OF THE SECURITIES|
|: EXCHANGE ACT OF 1934, MAKING|
|Respondent.||: FINDINGS AND IMPOSING|
|: REMEDIAL SANCTIONS|
The Securities and Exchange Commission ("Commission") deems it appropriate in the public interest and for the protection of investors that a public administrative proceeding be, and hereby is, instituted pursuant to Sections 15(b)(6) and 19(h) of the Securities Exchange Act of 1934 ("Exchange Act") against Respondent Malcolm McGuire III ("McGuire").
In anticipation of the institution of these administrative proceedings, Respondent has submitted an Offer of Settlement (the "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 in which the Commission is a party, Respondent consents to the entry of this Order Instituting Public Administrative Proceedings Pursuant to Sections 15(b)(6) and 19(h) of the Securities Exchange Act of 1934, Making Findings and Imposing Remedial Sanctions (the "Order").
On the basis of this Order and the Respondent's Offer, the Commission makes the following findings:
A. Respondent, during all times relevant hereto, was a person associated with a registered broker-dealer.
B. On May 12, 2000, by Respondent's consent, the United States District Court for the District of New Jersey, in an action styled S.E.C. v. Kern, et al., Civil Action No. 96-3746 (filed August 6, 1996), entered a Final Judgment that permanently enjoined Respondent from violating Section 17(b) of the Securities Act of 1933.
Based on the foregoing, the Commission deems it appropriate in the public interest and for the protection of investors to accept the Respondent's Offer and to impose the remedial relief specified in the Offer.
Accordingly, IT IS ORDERED, that Respondent Malcolm McGuire III be, and hereby is, suspended from association with any broker or dealer for a period of six months, effective on the second Monday following the entry of this Order.
IT IS FURTHER ORDERED that Respondent shall provide to the Commission, within 30 days after the end of the six-month suspension period described above, an affidavit that he has complied fully with the sanctions described in this Order.
By the Commission.
Jonathan G. Katz
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