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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. 48739 / November 3, 2003

Administrative Proceedings
File No. 3-11326


In the Matter of

ANDREW DONEY,

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 to institute public administrative proceedings pursuant to Section 15(b) of the Securities Exchange Act of 1934 ("Exchange Act") against Respondent Andrew Doney ("Respondent").

II.

In anticipation of the institution of these proceedings, Respondent submitted an Offer of Settlement ("Offer") to the 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 to which the Commission is a party, and without admitting or denying the findings contained herein, except as to the jurisdiction of the Commission over Respondent and over the subject matter of this proceeding, and as to the entry of a Final Judgment of Permanent Injunction and Other Relief as set forth below in Section III.C. below, which are admitted by Respondent, 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 the Offer of Settlement submitted by Respondent, the Commission finds that:

A. At all relevant times, Respondent was associated with an unregistered broker-dealer.

B. On December 10, 2002, the Commission filed a complaint in the United States District Court for the Southern District of Florida, SEC v. Advanced Wound Care, et al., Civil Action No. 02-81116-CIV-MIDDLEBROOKS (S.D. Fla.). The Complaint charged Respondent and others with violating the securities registration, broker-dealer registration, and antifraud provisions of the federal securities laws, in connection with the unregistered offering of securities issued by Nutrition Superstores.com, Inc. and Advanced Wound Care, Inc.

C. On December 17, 2002, a final judgment of permanent injunction and other relief was entered against Respondent, by his consent and without admitting or denying any of the allegations contained in the Commission's Complaint, except as to the Court's jurisdiction over him and the subject matter of the Complaint. The permanent injunction enjoins Respondent from violations of Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933, Sections 10(b) and 15(a)(1) of the Exchange Act, and Rule 10b-5 thereunder.

IV.

Based on the foregoing, the Commission deems it appropriate and in the public interest to impose the sanctions specified in the Offer submitted by Respondent.

Accordingly, IT IS HEREBY ORDERED:

Pursuant to Section 15(b) of the Exchange Act that Respondent Andrew Doney be, and hereby is, barred from association with any broker or dealer.

Any reapplication for association by the Respondent will be subject to the applicable laws and regulations governing the reentry process, and reentry may be conditioned upon a number of factors, including, but not limited to, the satisfaction of any or all of the following: (a) any disgorgement ordered against the Respondent, whether or not the Commission has fully or partially waived payment of such disgorgement; (b) any arbitration award related to the conduct that served as the basis for the Commission order; (c) any self-regulatory organization arbitration award to a customer, whether or not related to the conduct that served as the basis for the Commission order; and (d) any restitution order by a self-regulatory organization, whether or not related to the conduct that served as the basis for the Commission order.

By the Commission.

Jonathan G. Katz
Secretary


http://www.sec.gov/litigation/admin/34-48739.htm


Modified: 11/03/2003