UNITED STATES OF AMERICA
In the Matter of
ORDER INSTITUTING PUBLIC
The Commission deems it appropriate and in the public interest that proceedings pursuant to Section 15(b)(6) of the Securities Exchange Act of 1934 ("Exchange Act") be, and they hereby are, instituted against Albinas Kurkulis ("Respondent") to determine whether action is necessary in light of the permanent injunction entered against Respondent by the United States District Court for the Northern District of Illinois on June 16, 2000, permanently restraining and enjoining Respondent from future violations of Section 10(b) of the Securities Exchange Act of 1934 [15 U.S.C. § 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. § 240.10b-5], and Section 17(a) of the Securities Act of 1933 [15 U.S.C. § 77q(a)].
In anticipation of the institution of these proceedings, Respondent has submitted an Offer of Settlement for the purpose of disposing of the issues raised by these proceedings. The Commission has determined to accept Respondent's Offer of Settlement.
Solely for the purposes of this proceeding and any other proceedings brought by or on behalf of the Commission or in which the Commission is a party, and, without admitting or denying the matters set forth in the Order Instituting Public Proceedings, Making Findings and Imposing Remedial Sanctions Pursuant to Section 15(b) of the Exchange Act (the "Order"), except as to jurisdiction, which the Respondent admits, Respondent consents to the issuance of this Order.
FINDINGS AND CONCLUSIONS
The Commission finds that:
A. from 1991 through in or about October, 1997, Respondent Albinas Kurkulis, age 72, a resident of Chicago, Illinois, was associated with, Oppenheimer & Co., Inc., a broker-dealer registered with the Commission;
B. a Final Judgment of Permanent Injunction was entered by the United States District Court for the Northern District of Illinois, in an action styled Securities and Exchange Commission v .Floyd Leland Ogle, et al., Civil Action No. 99 C 609 (SBC) (N.D. Ill., Judgment entered June 16, 2000), which permanently enjoins Respondent from future violations of Section 10(b) of the Securities Exchange Act of 1934 [15 U.S.C. § 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. § 240.10b-5], and Section 17(a) of the Securities Act of 1933 [15 U.S.C. § 77q(a)].
Based on the foregoing, the Commission deems it appropriate and in the public interest to accept the Offer of Settlement of Albinas Kurkulis.
Accordingly, IT IS ORDERED that Respondent be, and he hereby is, barred from association with any broker or dealer, with the right to reapply for association after three years to the appropriate self-regulatory organization, or if there is none, to the Commission.
By the Commission.
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