UNITED STATES SECURITIES AND EXCHANGE COMMISSION SECURITIES EXCHANGE ACT OF 1934 Release No. 40574 / October 20, 1998 ADMINISTRATIVE PROCEEDING File No. 3-9759 CEASE-AND-DESIST AND ADMINISTRATIVE PROCEEDINGS INSTITUTED AGAINST 18 BROKERAGE FIRMS FOR FAILING TO MAKE TIMELY YEAR 2000- RELATED DISCLOSURE The Securities and Exchange Commission ("Commission") announced that on October 20, 1998, it issued an Order Instituting Public Administrative and Cease-and-Desist Proceedings Pursuant to Sections 15(b) and 21C of the Securities Exchange Act of 1934 ("Order") against 18 brokerage firms for failing to timely file all or part of Form BD-Y2K. The Form is designed to provide the Commission and the public with important information concerning the firm’s efforts to ensure that its computer systems are prepared for the Year 2000. Filings were required to be made on August 31, 1998 with both the SEC and the self-regulatory organization overseeing the brokerage firm. Firms having a minimum net capital requirement of $5,000 were required to file Part I of the form. Firms having a minimum net capital requirement of $100,000 were also required to file Part II of the form which provides a lengthier narrative. The Order alleges that as of October 2, 1998: (a) eight firms that were required to file Part I of Form BD-Y2K had failed to do so; (b) five firms that were required to file both Parts I and II of Form BD-Y2K had failed to file Part II; and (c) five firms that were required to file both Parts I and II of Form BD- Y2K had filed neither part. The attached list identifies the names of the firms falling into each category. A hearing will be scheduled to take evidence on the staff’s allegations and to afford the Respondents an opportunity to present any defenses thereto. The purpose of the hearing is to determine whether the allegations are true and whether any remedial action should be ordered by the Commission. These actions are part of a joint effort with the NASD and the NYSE to ensure that firms comply with their Year 2000 disclosure obligations. 1 INSTITUTE PROCEEDINGS - NON-SETTLING RESPONDENTS A. $5,000 Net Capital, Failure to File Part I 1. Allegheny Financial Programs, Inc. -------------- Weston, WV 2. Atlantic - Pacific Capital, Inc. --------------------- Greenwich, CT 3. Comstock Partners, L.L.C. ------------------------ Beverly Hills, CA 4. Constitution Securities, Inc. ----------------------- Hartford, CT 5. Elswick, Banks and Associates, Inc. -------------- Atlanta, GA 6. McGlone & Co. ------------------------------------- Westport, CT 7. Phoenix Financial Services Corp. ----------------- Brooklyn, NY 8. Laguna Financial Corporation --------------------- San Jose, CA B. $100,000 Net Capital, Failure to File Part II 1. Gelber Securities, Inc. ------------------------------- Chicago, IL 2. J.W. Barclay & Co., Inc. ---------------------------- NY, NY 3. Multi Spectrum Investing Corporation ------------ Somerville, NJ 4. Stonegate Securities, Inc. --------------------------- Dallas, TX 5. V.B.C. Securities ------------------------------------ Clifton, NJ C. $100,000 Net Capital, Failure to File Parts I and II 1. Alden Capital Markets, Inc. ------------------------ NY, NY 2. Bettinger & Leech Financial Corp. ---------------- NY, NY 3. E.C. Capital, Ltd. ------------------------------------ Mineola, NY 4. J. Robbins Securities, L.L.C. ----------------------- Phoeniz, AZ 5. William Scott & Co., L.L.C. ----------------------- Union, NJ 2