SECURITIES EXCHANGE ACT OF 1934
Release No. 50490 / October 5, 2004

ADMINISTRATIVE PROCEEDING
File No. 3-11617


In the Matter of

MARC WEIN,

Respondent.


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

I.

The Securities and Exchange Commission ("Commission") instituted public administrative proceedings on September 3, 2004, pursuant to Section 15(b) of the Securities Exchange Act of 1934 ("Exchange Act") against Marc Wein ("Wein").

II.

Following institution of this proceeding, Wein 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 Sections III.A. through III.F. below, which are admitted, Wein consents to the entry of this Order Making Findings and Imposing Remedial Sanctions Pursuant to Section 15(b) of the Exchange Act (the "Order"), as set forth below.

III.

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

A. Wein was a registered representative employed by FAB Securities of America, Inc. ("FAB"), a registered broker-dealer f/k/a RAS Securities, Inc., from July 1997 until he resigned in June 1999. Wein, 45 years old, is a resident of Spicewood, Texas.

B. Millennium Services Corp. ("Millennium") was incorporated in Delaware on May 20, 1997 and had its principal offices in New York, New York. Millennium was the surviving corporation after merging in November 1997 with MSC Delaware Corporation ("MSC") and is no longer an operating entity. MSC was organized to raise capital through an offering of stock. Neither Millennium nor MSC (hereinafter individually and collectively "Millennium") was registered with the Commission. Nor were Millennium securities registered with the Commission.

C. On July 27, 2000, the Commission filed a civil action against Wein and other defendants (SEC v. Phillip Herman, et al., 00 civ. 5575 (PKC)(SDNY)) alleging, inter alia, that from April 1997 through September 1997, Wein fraudulently offered and sold fifty-six individuals $4.3 million in unregistered Millennium securities. In connection with the offering, the complaint alleges that Wein, either directly or indirectly, made material misrepresentations and omissions concerning, among other things, the use of investor proceeds, the progress of Millennium's development into a consolidator of funeral homes, the identity and sophistication of other Millennium investors, and the safety of the Millennium investment. The complaint charges Wein with violations of Sections 5 and 17(a) of the Securities Act of 1933, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. The complaint seeks injunctive relief, an accounting of all assets, disgorgement and civil penalties.

D. On July 25, 2000, Wein was indicted by the Grand Jury of the County of New York for his role in the fraudulent conduct alleged in the Commission's complaint described above. The indictment contained 113 counts, including thirty-six state felony securities fraud counts.

E. On April 2, 2001, Wein pleaded guilty to the entire 113 count indictment. The securities fraud counts of the indictment to which Wein pleaded guilty alleged, inter alia, that Wein intentionally made material false statements and omissions to investors while soliciting Millennium stock, and induced unsophisticated investors to purchase Millennium stock.

F. On June 6, 2002, Wein was sentenced to one to three years incarceration and was ordered to pay restitution of $2,399,579.27 plus a surcharge of five percent of the entire amount of a restitution payable to the organization designated to make the restitution payments, and a $10,000 fine.

IV.

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

Accordingly, it is hereby ORDERED that, pursuant to Section 15(b)(6) of the Exchange Act, Respondent Wein be, and hereby is, barred from association with any broker or dealer.

Any reapplication for association by Wein 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 Wein, 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 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 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 Order.

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

Jonathan G. Katz
Secretary