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U.S. Securities and Exchange Commission

United States of America
before the
Securities and Exchange Commission

Securities Exchange Act of 1934
Release No. 47495 / March 13, 2003

Administrative Proceeding
File No. 3-11064


In the Matter of

NICHOLAS J. JULIAN, JR.

Respondent.


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ORDER INSTITUTING PUBLIC ADMINISTRATIVE PROCEEDINGS PURSUANT TO SECTION 15(b) OF THE SECURITIES EXCHANGE ACT OF 1934, MAKING FINDINGS, AND IMPOSING REMEDIAL SANCTIONS

I.

The Securities and Exchange Commission ("Commission") deems it appropriate and in the public interest that public administrative proceedings be, and hereby are, instituted pursuant to Section 15(b) of the Securities Exchange Act of 1934 ("Exchange Act") against Nicholas J. Julian, Jr. ("Julian" or "Respondent").

II.

In anticipation of the institution of these 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 to which the Commission is a party, and without admitting or denying the findings herein, except as to the Commission's jurisdiction over him and the subject matter of these proceedings, and the findings contained in Section III.3 below, which are admitted, Respondent consents to the entry of this Order Instituting Public Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions ("Order"), as set forth below.

III.

On the basis of this Order and Respondent's Offer, the Commission finds that:

1. Julian, age 61, resides in Salt Lake City, Utah.

2. Julian promoted and participated in four offerings of common stock, three of which were penny stocks.

3. On March 11, 2002, Julian pled guilty to one count of conspiracy to commit mail fraud, wire fraud, and money laundering in violation of Title 18 of the United States Code, Sections 1341, 1343, and 1956, before the United States District Court for the Northern District of Georgia, in United States v. Nicholas Julian, Jr., Crim. Information No. 4:01-CR-12 (Superseding). On June 24, 2002, a judgment in the criminal case was entered against Julian. He was sentenced to a prison term of 60 months followed by three years of supervised release and ordered to make restitution in the amount of $7,858,886.14.

4. The count of the criminal information to which Julian pled guilty alleged, inter alia, that Julian made secret payments to two co-conspirators to cause the transfer of more than $9 million, belonging to State Mutual Insurance Company ("State Mutual"), for the purchase of securities in Julian affiliated companies for the benefit of himself and his co-conspirators. These transfers were made without State Mutual's knowledge of the purpose of these transfers and without its authorization and consent. One of the two co-conspirators that Julian paid for participating in this fraud was a registered representative of a registered broker-dealer.

IV.

In view of the foregoing, the Commission deems it appropriate and in the public interest to impose the sanctions specified in Respondent Julian's Offer.

ACCORDINGLY, IT IS HEREBY ORDERED:

Pursuant to Section 15(b)(6) of the Exchange Act, that Respondent Julian be, and hereby is, barred from participating in any offering of a penny stock, including: acting as a promoter, finder, consultant, agent or other person who engages in activities with a broker, dealer or issuer for purposes of the issuance or trading in any penny stock, or inducing or attempting to induce the purchase or sale of any penny stock.

By the Commission.

Jonathan G. Katz
Secretary

 

http://www.sec.gov/litigation/admin/34-47495.htm


Modified: 04/09/2003