==========================================START OF PAGE 1====== UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION INVESTMENT ADVISERS ACT OF 1940 Release No. 1580 / September 19, 1996 ADMINISTRATIVE PROCEEDING File No. 3-9047 ------------------------------- : In the Matter of : : ORDER MAKING FINDINGS AND : IMPOSING REMEDIAL SANCTIONS WAYNE A. MAKI : PURSUANT TO SECTION 203(f) : OF THE INVESTMENT ADVISERS Respondent. : ACT OF 1940 : : --------------------------------- I. On July 26, 1996 the Commission deemed it appropriate and in the public interest to institute proceedings pursuant to Section 203(f) of the Investment Advisers Act of 1940 ("Advisers Act") against Wayne A. Maki ("Maki")("Order Instituting Proceedings").-[1]- In response to the institution of these administrative proceedings, Maki has submitted an Offer of Settlement which the Commission has determined to accept. Solely for the purpose of these proceedings and any other proceeding brought by or on behalf of the Commission or to which the Commission is a party, and without admitting or denying the findings herein, except for those set forth in Section II.(C) below, which Maki admits, Maki consents to the entry of this Order Making Findings and Imposing Remedial Sanctions ("Order"). ---------FOOTNOTES---------- -[1]- See In the Matter of Wayne A. Maki, Order Instituting Public Administrative Proceedings Pursuant to Section 203(f) of the Investment Advisers Act of 1940, Admin. Proc. File No. 3-9047, July 26, 1996. ==========================================START OF PAGE 2====== II. On the basis of this Order and the Respondent's Offer of Settlement, the Commission makes the following findings: -[2]- A. IDS Financial Corporation (IDS) is a Delaware corporation, with its principal place of business in Minneapolis, Minnesota. IDS is owned by American Express and is the parent of thirty-seven affiliates, many of which are registered investment companies. These investment companies are advised by IDS and IDS Financial Services, Inc. (Financial Services), both of which are registered investment advisers. B. Maki, age 32, at all relevant times resided in Dayton, Minnesota. Currently, Maki is an inmate at the Lino Lakes Correctional Facility in Lino Lakes, Minnesota serving an eleven- year prison sentence. From approximately May 1986 through June 1993, Maki was employed as a tax accountant in IDS' corporate tax department. Maki also worked with Financial Services and IDS Mutual Funds Group (Mutual Funds Group) to escheat abandoned accounts of investment company shareholders and investment advisory clients. As such, Maki had access to abandoned investment advisory client accounts and investment company shareholder accounts. C. On May 23, 1994, Maki was convicted by the State of Minnesota, County of Hennepin, District Court of eight counts of theft by swindle ("embezzlement, Minn. Stat. Sec. 609.52 subdiv. 2(4), 3(1) and 3(2)). This conviction resulted from Maki's embezzlement of approximately $1 million over a two-year period from the investment advisory clients of IDS and the clients and shareholders of two of IDS' affiliates, Financial Services and Mutual Funds Group. The Honorable Ann Montgomery sentenced Maki to eleven years in prison and ordered him to pay restitution of approximately $1 million. ---------FOOTNOTES---------- -[2]- The findings herein are made pursuant to Wayne A. Maki's Offer of Settlement and are not binding on any other person or entity named as a respondent in this or any other proceeding. ==========================================START OF PAGE 3====== III. Accordingly, IT IS HEREBY ORDERED, effective immediately: That Maki be barred from association with any broker, dealer, investment company, investment adviser, or municipal securities dealer. For the Commission, by its Secretary, pursuant to delegated authority. Jonathan G. Katz Secretary