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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. 48907 / December 11, 2003

Admin. Proc. File No. 3-11354


In the Matter of

ROBERT H. POZNER,

Respondent.


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ORDER INSTITUTING 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 Robert H. Pozner ("Respondent" or "Pozner").

II.

In anticipation of the institution of these proceedings, Pozner 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.4 below, which are admitted, Pozner consents to the entry of this Order Instituting 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 Pozner's Offer, the Commission finds that:

1. From at least July through October 2000, Pozner, 59, was a registered representative, trader and market maker associated with a registered broker-dealer called Glenn Michael Financial, Inc., at its offices in Hackensack, New Jersey.

2. On September 30, 2002, the Commission filed a Complaint in the United States District Court for the District of Utah, in an action captioned Securities and Exchange Commission v. Allen Wolfson, et al., Civil Action Number 2:02 CV-1086, charging Pozner with violations of Section 17(a) of the Securities Act of 1933 ("Securities Act") and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder.

3. The Commission's Complaint alleged that, in connection with the purchase and sale of the securities of Freedom Surf, Inc. ("Freedom Surf"), Pozner, in concert with one or more co-defendants, advanced the bid quotation of Freedom Surf stock without relation to genuine market demand or worth of the company. This was done to artificially increase the stock price of Freedom Surf securities. This conduct operated as a fraud and deceit on investors.

4. On November 25, 2003, a Judgment of Permanent Injunction was entered by consent against Pozner, permanently enjoining him from, directly or indirectly, violating Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder.

IV.

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

Accordingly, it is hereby ORDERED:

Pursuant to Section 15(b)(6) of the Exchange Act, that Respondent Pozner 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.

For the Commission, by its Secretary, pursuant to delegated authority.

By the Commission.

Jonathan G. Katz
Secretary



http://www.sec.gov/litigation/admin/34-48907.htm


Modified: 12/12/2003