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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. 50161 / August 6, 2004

Admin. Proc. File No. 3-11577


In the Matter of

Frederick B. Hornick, Jr.,

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 Frederick B. Hornick, Jr. ("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 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. Hornick age 56, resides in Englewood, Colorado. He is a sales agent who has been soliciting investors for the Uncommon Media Group, Inc. loan program since at least 2003. From November 1981 through July 1996, Hornick was associated as a registered representative with five different registered broker-dealers. In June 1998, the NASD censured, fined, and barred Hornick from association with any NASD member in any capacity based on Hornick's selling away and his failure to respond to the NASD's requests for information.

2. On March 23, 2004, the Commission filed a civil injunctive action against Hornick and others entitled Securities and Exchange Commission v. Uncommon Media Group, Inc., 3rd Dimension, Inc., Lawrence Gallo, Timothy Rafferty and Frederick Hornick, Jr., Case Number 04-80272-CIV-Hurley/Hopkins, in the United States District Court for the Southern District of Florida. The Commission's complaint alleged that, in connection with the sale of securities, Hornick made false statements to investors concerning the prospects for their investment in Uncommon Media Group, and otherwise engaged in a variety of conduct which operated as a fraud and deceit on investors. The complaint also alleged that Hornick sold unregistered securities.

3. On June 8, 2004, a final judgment of permanent injunction was entered by consent against Hornick, permanently enjoining him from future violations of Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933, and Sections 10(b), 15(a)(1) and 21(d)(2) of the Exchange Act and Rule 10b-5 thereunder. The final judgment also contained a penny stock bar against Hornick.

IV.

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

Accordingly, it is hereby ORDERED:

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

Jonathan G. Katz
Secretary


http://www.sec.gov/litigation/admin/34-50161.htm


Modified: 08/06/2004