UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION SECURITIES EXCHANGE ACT OF 1934 Release No. 38518 / April 17, 1997 ADMINISTRATIVE PROCEEDING File No. 3-9205 ______________________________ In the Matter of : : ORDER MAKING FINDINGS PETER M. HARRINGTON : AND IMPOSING REMEDIAL : SANCTIONS BY DEFAULT _____________________________:_ Respondent Peter M. Harrington is in default under the Securities and Exchange Commissionþs (þCommissionþ) Rules of Practice, Rules 155(a)(2) and 220(f), 17 C.F.R.  201.155(a)(2), .220(f) (1996), because he failed to answer the Order Instituting Proceedings (þOIPþ) which the Commission issued on December 18, 1996. He also failed to respond to the show cause order I issued on January 16, 1997. Accordingly, I find that the allegations in the OIP are true: A. Mr. Harrington, age 51, had his last known residence in East Aurora, New York. He was a registered representative with various broker-dealers since 1977 and, from June 1987 through July 1995, was the president and sole owner of Harrington Securities Corporation ("HSC"). On September 27, 1996, Mr. Harrington pled guilty to a 41 count indictment issued by the Erie County District Attorney's Office. B. On October 3, 1996, a Default Judgment was entered against Mr. Harrington, by the Honorable Richard J. Arcara, United States District Court Judge for the Western District of New York, which enjoins Mr. Harrington from future violations of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 (þExchange Actþ) and Rule 10b-5 thereunder. Mr. Harrington was also ordered to pay disgorgement of $933,188.28, prejudgment interest in the amount of $99,633.63, and a civil penalty of $100,000. SEC v. Peter M. Harrington, Civ. 96-0079(A) (W.D.N.Y. 1996). C. The complaint in the above cited action alleged that, from at least March 1991 through June 1995, Mr. Harrington, the president and sole owner of HSC, a registered broker- dealer, misappropriated at least $982,992.83 from eighteen of his customers by using an elaborate scheme involving, among other things, material misrepresentations, forged endorsement signatures on clearing firm checks, and fabricated confirmation statements. To induce investors to invest with him, Mr. Harrington falsely told investors that he would invest their funds in certificates of deposit ("CDs") issued by various banks. He falsely represented that the CDs paid 10% interest; were insured by the Federal Deposit Insurance Corporation; and were completely riskless investments. However, Mr. Harrington never purchased CDs for his customers with the funds which they entrusted to him for that purpose. Instead of investing these customers' funds in CDs, Mr. Harrington deposited his customers' funds into several of his personal bank accounts. Furthermore, to conceal the misappropriation of his customers' funds, Mr. Harrington prepared and mailed letters to the customers titled "Confirmation," which purported to confirm that funds remitted by the customers had been invested in CDs. In addition, Mr. Harrington, without his customers' knowledge, consent, or authorization, placed orders to sell the securities of his customers being held in their HSC brokerage accounts. Mr. Harrington misappropriated the proceeds from the unauthorized sales of these customers' securities by forging the customers' signatures on the proceeds checks and then depositing these checks into his personal bank accounts. I find further that it is in the public interest to bar Mr. Harrington from association with any broker, dealer, national securities exchange, or registered securities association, pursuant to Sections 15(b) and 19(h) of the Exchange Act. Accordingly, it is hereby ORDERED that, pursuant to Sections 15(b) and 19(h) of the Exchange Act, Peter M. Harrington is barred from association with any broker, dealer, national securities exchange, or registered securities association. ____________________________ Lillian A. McEwen Administrative Law Judge