UNITED STATES OF AMERICA
In the Matter of
ORDER PERMITTING WITHDRAWAL OF PETITIONS FOR REVIEW, DISMISSING REVIEW PROCEEDING, REINSTATING INITIAL DECISION, AND DECLARING THAT INITIAL DECISION HAS BECOME FINAL AND THAT THE ORDER CONTAINED IN THE INITIAL DECISION IS EFFECTIVE
On March 19, 2003, an administrative law judge issued an initial decision in this matter. */ On April 9, 2003, and April 11, 2003, respectively, the Division of Enforcement and the Respondent filed petitions for review of the initial decision. The Commission granted the petitions and set a briefing schedule.
On July 8, 2003, the Commission received a joint request that the parties' petitions for review be withdrawn and that their respective appeals of the initial decision be dismissed. On August 4, 2003, the parties supplemented this request by letter to the Commission jointly stipulating to reinstatement of the initial decision. We have determined to grant the joint request to withdraw the parties' petitions for review; to dismiss the review proceeding; to reinstate the initial decision; to declare the initial decision final; and to declare effective the order contained in the initial decision.
Accordingly, it is ORDERED that the petitions for review filed by the Division of Enforcement and the Respondent be, and they hereby are, withdrawn; that the review proceeding be, and it hereby is, dismissed; and that the initial decision of the administrative law judge, issued March 19, 2003, with respect to Chris Woessner be, and it hereby is, reinstated.
FURTHER, notice is hereby given, pursuant to Rule 360(e) of the Commission's Rules of Practice, that the initial decision of the administrative law judge, issued March 19, 2003, has become the final decision of the Commission with respect to Chris Woessner.
FURTHER, the order contained in that initial decision is hereby declared effective. That order (a) ordered Woessner to cease and desist from committing or causing any violations or future violations of Sections 206(1) and 206(2) of the Investment Advisers Act of 1940; (b) required Woessner to pay a civil monetary penalty of $60,000; and (c) ordered Woessner to disgorge $60,000, plus prejudgment interest from September 1, 1997, through the last day of the month preceding which payment of disgorgement is made.
The payment of disgorgement, prejudgment interest thereon, and the civil money penalty shall be made no later than 21 days after service of this order and notice. The rate of interest on the disgorgement amount shall be established under 26 U.S.C. § 6621(a)(2), compounded quarterly, under Rule of Practice 600, 17 C.F.R. § 201.600. Payment shall be: (a) made by United States postal money order, certified check, bank cashier's check, or bank money order; (b) made payable to the Securities and Exchange Commission; (c) mailed to the Comptroller, Securities and Exchange Commission, 6432 General Green Way, Suite B, Mail Stop 0-3, Alexandria, Virginia 22312; and (d) submitted under cover letter that identifies Chris Woessner as the respondent in this proceeding, as well as the Commission's case number. A copy of the cover letter and money order or check shall be sent to Martin F. Healey, Division of Enforcement, Securities and Exchange Commission, 73 Tremont Street #600, Boston, Massachusetts 02108.
By the Commission.
|Jonathan G. Katz
* / Chris Woessner, Initial Decision Rel. No. 225 (March 19, 2003), 79 SEC Docket 2540.
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