UNITED STATES OF AMERICA
In the Matter of
PAKIE V. PLASTINO
MOTION TO AMEND ORDER
On September 27, 2000, the Commission instituted administrative proceedings against YourBankOnline.com (formerly known as Consolidated Data, Inc.), its president, Pakie V. Plastino, and William L. Butcher, C.P.A., the company's auditor.1 By motion dated January 24, 2001, the Division of Enforcement moves pursuant to Rule of Practice 200(d)(1)2 to amend the Order instituting these proceedings to include a demand for disgorgement from Plastino.
The Division asserts that, during its investigation, Plastino represented that he had not sold any YourBankOnline.com stock. However, after the proceedings were initiated, a business associate of Plastino's contacted the staff and stated that, in spring 1999, the associate had sold real estate to Plastino in exchange for YourBankOnline.com securities. At a telephonic prehearing conference, on October 23, 2000, the Division brought thisinformation to the attention of the law judge and the parties. The Division stated that it would seek discovery with respect to this information and thereafter obtained a subpoena for documents relating to this transaction. The staff has attached to its motion an Option Agreement, dated March 15, 1999, under which Plastino and his wife were granted an option topurchase real property for various consideration, including 30,000 shares of Consolidated Data, Inc. (the former name of YourBankOnline.com) common stock. The Division attaches a proposed amended order instituting proceedings, which alters the existing Order in this proceeding only to seek disgorgement. Plastino has not responded to the Division's motion.
Rule of Practice 200(d)(1) authorizes the Commission, at any time upon motion of a party, to amend an order instituting proceedings to include new matters of fact or law. We have stated that amendments to orders instituting proceedings "should be freely granted, subject only to the consideration that other parties should not be surprised nor their rights prejudiced."3 We believe that the parties here have had ample notice of the Division's allegations and its basis for seeking the amendment. Under these circumstances, we deem it appropriate to amend our prior Order instituting these proceedings. We do not suggest any view as to the outcome of this proceeding.
Accordingly, IT IS ORDERED that the motion of the Division of Enforcement to amend the Order Instituting Proceedings, dated September 27, 2000, in the Matter of YourBankOnline.com, Pakie V. Plastino, and William L. Butcher, C.P.A. (Administrative Proceeding File No. 3-10313) be, and it hereby is, granted; and that the Commission hereby authorizes issuance of the Amended Order Instituting Public Administrative Proceedings Pursuant to Rule 102(e) and Cease-and-Desist Proceedings Pursuant to Section 21C of the Securities Exchange Act in the form attached to this order.
By the Commission.
Jonathan G. Katz
1 On February 5, 2001, the Commission accepted an offer of settlement from YourBankOnline.com (now known as Secure Sign, Inc.) in which the firm consented, without admitting or denying the allegations, to findings that it violated Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. §78(j), and Exchange Act Rule 10b-5, 17 C.F.R. §240.10b-5. The Commission ordered the firm to cease and desist from committing or causing violations of these provisions. Exchange Act Rel. No. 43923, __ SEC Docket __.
2 17 C.F.R. §201.200(d)(1).
3 Rules of Practice, 60 Fed. Reg. 32738, 32757 (June 23, 1995), citing Carl L. Shipley, 45 S.E.C. 589, 595 (1974).
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