==========================================START OF PAGE 1====== UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION Securities Exchange Act Release No. 37494 / July 30, 1996 Administrative Proceeding File No. 3-9051 In the Matter of Kenneth J. Schulte The Securities and Exchange Commission (Commission) instituted public administrative proceedings against Kenneth J. Schulte (Schulte), who is alleged to have been employed from Spring 1990 to the present as a registered representative by three broker- dealers. The Order Instituting Public Administrative Proceedings (Order) alleges that, throughout his career Schulte sold volatile and risky mortgage-backed derivatives to at least fourteen Ohio cities, counties and school districts while a registered representative at the three broker-dealers. The Order further alleges that two NASD arbitration judgments have been entered against Schulte arising from these sales. The Order also alleges that on April 16, 1996, the United States District Court for the Northern District of Ohio, in the case of Securities and Exchange Commission v. Kenneth J. Schulte (94-CV- 2657), entered by default a Final Judgment of Permanent Injunction and Disgorgement (Final Judgment) against Schulte, which Final Judgment permanently enjoins Schulte from further violations of Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder and ordered Schulte to pay $398,787.62 in disgorgement. The Commission's complaint in this injunctive action alleged that from the Spring of 1990 to April 1994, Schulte offered and sold several million dollars in mortgage-backed derivatives to at least fourteen Ohio municipalities and school districts. The Commission further alleged that Schulte violated 17(a) of the Securities Act and Section 10(b) of the Exchange Act, and Rule 10b-5 thereunder, in connection with the offer and sale of the derivatives by making material misrepresentations and omissions concerning, among other things, the nature of derivative securities, the risks involved in derivative securities and the government guarantee of derivative securities. A hearing will be scheduled to determine what, if any, remedial action would be appropriate against Schulte.