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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. 49258 / February 17, 2004

INVESTMENT ADVISERS ACT OF 1940
Release No. 2216 / February 17, 2004

Admin. Proc. File No. 3-11400


In the Matter of

ANTHONY F. GIORDANO,

Respondent.



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ORDER INSTITUTING ADMINISTRATIVE PROCEEDINGS PURSUANT TO SECTION 15(b) OF THE SECURITIES EXCHANGE ACT OF 1934 AND SECTION 203(f) OF THE INVESTMENT ADVISERS ACT OF 1940, 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") and Section 203(f) of the Investment Advisers Act of 1940 ("Advisers Act") against Anthony F. Giordano ("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.B below, which are admitted, Respondent consents to the entry of this Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934 and Section 203(f) of the Investment Advisers Act of 1940, 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:

A. Between 2002 and 2003 (the "relevant time period"), while he was the Chief Executive Officer of the EPG Global Private Equity Fund, Ltd. ("EPG Global"), Giordano acted as an unregistered investment adviser. Also during the relevant time period, Giordano was seeking to become associated with a broker-dealer registered with the Commission. Giordano, 27 years old, is a resident of Boca Raton, Florida.

B. On February 11, 2004, a final judgment was entered by consent against Giordano, permanently enjoining him from future violations of Sections 5(c), 17(a)(1) and 17(a)(3) of the Securities Act of 1933 ("Securities Act"), and Sections 206(1) and 206(2) of the Advisers Act, in the civil action entitled Securities and Exchange Commission v. Anthony F. Giordano, et al., Civil Action Number 04-60183-CIV-COHN, in the United States District Court for the Southern District of Florida.

C. The Commission's complaint alleged, among other things, that in connection with the unregistered offer of shares of EPG Global, Giordano failed to disclose his prior disciplinary history with the NASD and falsely stated to investors that their principal was fully guaranteed, that the EPG Global management team manages over $100 million in assets, and that EPG Global had returns in excess of seventy percent since its inception.

IV.

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

Accordingly, it is hereby ORDERED:

Pursuant to Section 15(b)(6) of the Exchange Act and Section 203(f) of the Advisers Act, that Respondent Giordano be, and hereby is, barred from association with any broker, dealer, or investment adviser.

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/34-49258.htm


Modified: 02/26/2004