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U.S. Securities and Exchange Commission

POLLY ATKINSON
JULIE K. LUTZ (Ca. Bar No. 77246)
Securities and Exchange Commission
1801 California Street, Suite 1500
Denver, Colorado 80202
Telephone: (303) 844-1000
Facsimile: (303) 844-1068

Securities and Exchange Commission
5670 Wilshire Boulevard, 11th Floor
Los Angeles, California 90036-3648
Telephone: (323) 965-3812

Attorneys for United States Securities and Exhange Commission

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA


SECURITIES AND EXCHANGE COMMISSION,

Plaintiff,

v.

MARK F. SHINNICK,

Defendant.


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No. 030635-RSK-FMOX

COMPLAINT

Plaintiff Securities and Exchange Commission for its complaint alleges as follows:

SUMMARY

1. Mark F. Shinnick has failed to comply with the civil money penalty provisions of an Order Imposing Remedial Sanctions and Cease-And-Desist Order In the Matter of Market Timing Systems, Inc., Gregory L. Meadors, and Mark F. Shinnick, Administrative Proceeding File No. 3-10652 issued on August 28, 2002.

2. The Commission now seeks an order requiring Shinnick to comply with the Commission's August 28, 2002 Order pursuant to Section 209(d) of the Investment Advisers Act of 1940 [15 U.S.C. § 80b-9(d)].

JURISDICTION AND VENUE

3. The Commission brings this action pursuant to Section 209(d) of the Advisers Act for an order of this Court commanding Shinnick to comply with the Commission's Order.

4. Venue lies in this Court pursuant to 28 U.S.C. § 1391(b)(1). Defendant Shinnick resides in this judicial district.

DEFENDANT

5. Defendant Shinnick is a resident of Moor Park, California.

FACTS

6. On November 27, 2001 the Commission instituted public administrative proceedings against Shinnick and others alleging violations of the Advisers Act including false performance advertising and books and records violations. In the Matter of Market Timing Systems, Inc., Gregory L. Meadors, and Mark F. Shinnick, Administrative Proceeding File No. 3-10652.

7. Shinnick offered to settle the administrative proceeding. 8. The Commission accepted Shinnick's offer of settlement.

9. Pursuant to Shinnick's offer of settlement the Commission issued an Order censuring Shinnick, ordering him to cease and desist from violating or causing violations of Sections 204 and 206(1), (2) and (4) of the Advisers Act and Rules 204-2(a)(1), (2), (6) and (16), and 206(4)-1(a)(5) thereunder and ordering him to pay a civil penalty of $10,000 by September 27, 2002.

10. Shinnick has not paid the penalty as ordered by the Commission's August 28, 2002 Order.

FIRST CLAIM FOR RELIEF

11. By reason of the foregoing, defendant Shinnick is in violation of the Commission's Order against him In the Matter of Market Timing Systems, Inc., Gregory L. Meadors, and Mark F. Shinnick, Administrative Proceeding File No. 3-10652.

PRAYER FOR RELIEF

WHEREFORE, the Commission respectfully requests that the Court:

I.

Find that the Defendant committed the violation alleged.

II.

Issue an Order pursuant to Section 209(d) of the Advisers Act directing Shinnick to comply with the Commission's August 28, 2002 Order In the Matter of Market Timing Systems, Inc., Gregory L. Meadors, and Mark F. Shinnick, Administrative Proceeding File No. 3-10652 and pay the $10,000 civil penalty ordered therein.

III.

Grant such other relief as this Court may deem just or appropriate.

Dated: January 21, 2003

Respectfully submitted:

/s/

Julie K. Lutz


http://www.sec.gov/litigation/complaints/comp17955.htm

Modified: 01/30/2003