UNITED STATES SECURITIES AND EXCHANGE COMMISSION Investment Advisers Act of 1940 Release No. 1662 / September 15, 1997 Securities Exchange Act of 1934 Release No. 39073 / September 15, 1997 Administrative Proceeding File No. 3-9407 ADMINISTRATIVE PROCEEDINGS INSTITUTED AGAINST JOHN D. MACKENZIE The Commission issued an Order instituting public administrative proceedings against John D. MacKenzie ( MacKenzie ), who, between 1990 and 1994, served as the Controller of BTS/Bond Timing, Inc. ( BTS ), a registered investment adviser, for his role in an embezzlement scheme. The order alleges that, on December 20, 1994, MacKenzie pled guilty to a 40- count indictment charging him with 23 counts of interstate transportation of property taken by fraud, three counts of mail fraud, 13 counts of money laundering and one count of criminal forfeiture. The Order further alleges that, on March 14, 1995, MacKenzie was sentenced to serve 51 months in federal prison, to be followed by three years of supervised release, and was ordered to pay $3,917,511.59 in restitution to BTS. The proceedings were instituted pursuant to Sections 15(b) and 19(h) of the Securities Exchange Act of 1934 ( Exchange Act ) and Section 203(f) of the Investment Advisers Act of 1940 ( Advisers Act ). According to the Order, the criminal indictment underlying the convictions charged MacKenzie with, among other things, utilizing his knowledge and access as a high level officer of BTS to execute a scheme to defraud BTS out of approximately $3,300,000 between 1990 and September 1994. The indictment further alleged that MacKenzie caused BTS to issue approximately 700 checks to two sham entities, Equity Financial Management and Financial Solutions, and that he thereafter transferred the funds to bank accounts that he controlled and caused substantial payments to be made for his personal benefit. A hearing will be scheduled to determine whether the allegations against MacKenzie are true, and, if so, whether remedial sanctions should be imposed. ======END OF PAGE 1======