June 29, 2006
William M. Dellicato
Dear Mr. Dellicato:
In your letter dated March 3, 2006, on behalf of John W. Loofbourrow Associates, Inc. ("Loofbourrow"), a registered broker-dealer, you requested assurances that staff of the Division of Market Regulation ("Staff") would not recommend enforcement action to the Commission under Section 15(a) of the Securities Exchange Act of 1934 ("Exchange Act") if Loofbourrow and Eagle One Mortgage Solutions, Inc. ("Eagle") engage in the activities described in your letter without Eagle registering as a broker-dealer under Section 15(b) of the Exchange Act.
Based on the facts and representations set forth in your letter, the Staff is unable to assure you that it would not recommend enforcement action to the Commission if Loofbourrow and Eagle engage in the activities described in your letter without Eagle registering as a broker-dealer.
We express no view with respect to other questions these activities may raise, including the applicability of any other provision of the federal securities laws, any state law, or any self-regulatory organization rules.
Brian A. Bussey