UNITED STATES SECURITIES AND EXCHANGE COMMISSION SECURITIES ACT OF 1933 RELEASE NO. 7493 / December 31, 1997 SECURITIES EXCHANGE ACT OF 1934 RELEASE NO. 39508 / December 31, 1997 ADMINISTRATIVE PROCEEDING FILE NO. 3-9523 PUBLIC ADMINISTRATIVE AND CEASE-AND-DESIST PROCEEDINGS INSTITUTED AGAINST KERRIGAN SEAN WEBER The Commission instituted public administrative and cease-and-desist proceedings against Kerrigan Sean Weber ("Weber"). The Order Instituting Public Administrative Proceedings, Cease-and-desist Proceedings and Notice of Hearing Pursuant to Section 8A of the Securities Act of 1933 and Sections 15(b), 19(h) and 21C of the Securities Exchange Act of 1934 ("Order") alleges that Weber engaged in a pattern of misdirecting investor checks while he was employed as a registered representative at Smith Barney. From June 1989 to November 1993, Weber misdirected over thirty-one checks from at least twenty-two customers to the accounts of at least twenty-seven other customers, representing a total of $245,459.47. Specifically, upon receiving checks from some of his customers for the purpose of purchasing securities, Weber instead had these checks deposited into other customers' brokerage accounts. Weber also misrepresented the status of customer accounts and executed unauthorized transactions. Based upon these activities, the Order alleges that Weber violated Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5. A hearing will be scheduled to determine whether the allegations against the respondent are true, and, if so, what remedial action, if any, is appropriate; whether the respondent should be ordered to cease-and-desist; and whether the Respondent should be ordered to pay a civil money penalty.