UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION SECURITIES EXCHANGE ACT OF 1934 RELEASE NO. 40460 / September 23, 1998 ADMINISTRATIVE PROCEEDING FILE NO. 3-9713 __________________________ : In the Matter of :ORDER INSTITUTING PROCEEDINGS :PURSUANT TO SECTIONS 15(b) AND JOHN T. FORTIER, :19(h) OF THE SECURITIES :ACT OF 1934, MAKING FINDINGS Respondent. :AND IMPOSING REMEDIAL SANCTIONS : __________________________: I. The Commission deems it appropriate and in the public interest that administrative proceedings be instituted pursuant to Sections 15(b) and 19(h) of the Securities Exchange Act of 1934 ("Exchange Act") against Respondent John T. Fortier ("Fortier"). II. In anticipation of the institution of these administrative proceedings, Fortier has submitted an Offer of Settlement ("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 in which the Commission is a party, and without admitting or denying the findings, except as to the jurisdiction of the Commission over him and the subject matter of these proceedings and the entry of the conviction set forth in Section III, paragraphs B and C, which are admitted, Fortier by his Offer consents to the entry of the findings and the imposition of the remedial sanctions set forth below. Accordingly, IT IS ORDERED that proceedings pursuant to Sections 15(b) and 19(h) of the Exchange Act be, and hereby are, instituted. III. On the basis of this Order, and the Offer submitted by Fortier, the Commission finds that:[1] A.Fortier, a resident of Lewiston, New York, was at all times relevant hereto a registered representative associated with a registered broker-dealer pursuant to Section 15(b) of the Exchange Act. B.On November 24, 1997, in the United States District Court for the Western District of New York, Fortier pled guilty to a criminal information charging him with one count of mail fraud and one count of tax evasion. United States of America v. John T. Fortier, Criminal No. 97-CR-227-A (W.D.N.Y.). On June 30, 1998, Fortier was sentenced to a prison term of 61 months, and was ordered to pay restitution of $2,048,900. C.The criminal information alleged, inter alia, that Fortier was an insurance agent and did business as Fortier Financial Group. The criminal information further alleged that Fortier operated an investment scheme, convincing family, friends and/or clients to invest approximately $2.5 million with him, through Fortier Financial Group, from 1992 to 1996. The criminal information further alleged that Fortier used the $2.5 million for his personal expenditures, leaving no money for the promised investments. IV. In view of the foregoing, the Commission deems it appropriate and in the public interest to impose the sanction specified in the Offer submitted by Fortier. Accordingly, IT IS HEREBY ORDERED that John T. Fortier be, and hereby is, barred from association with any broker, dealer, municipal securities dealer, investment adviser or investment company. By the Commission. Jonathan G. Katz Secretary **FOOTNOTES** [1]:The findings contained herein are not binding on anyone other than Respondent Fortier.