-------------------- BEGINNING OF PAGE #1 ------------------- SECURITIES ACT OF 1933 Release No. 7252 / January 9, 1996 SECURITIES EXCHANGE ACT OF 1934 Release No. 36696 / January 9, 1996 ADMINISTRATIVE PROCEEDING FILE NO. 3-8919 ADMINISTRATIVE PROCEEDINGS AND CEASE AND DESIST PROCEEDINGS INSTITUTED AGAINST ORLANDO JOSEPH JETT; ADMINISTRATIVE PROCEEDINGS INSTITUTED AGAINST MELVIN MULLIN. The Commission announced that it instituted public administrative and cease-and- desist proceedings against Orlando Joseph Jett ("Jett"), and instituted public administrative proceedings against Melvin Mullin ("Mullin"), pursuant to Section 8A of the Securities Act of 1933 ("Securities Act") and Sections 15(b), 19(h) and 21C of the Securities Exchange Act of 1934 ("Exchange Act"). The Order for Proceedings alleges that, during the period from approximately July 1991 until approximately April 1994, respondent Jett violated the antifraud provisions and caused violations by the broker-dealer with which he was associated of the books and records provisions of the federal securities laws. The Order for Proceedings further alleges that, from approximately July 1991 until approximately February 1993, Mullin failed reasonably to supervise Jett with a view to preventing Jett's violations of the federal securities laws. From approximately July 1991 until approximately April 1994, Jett traded U.S. Treasury bonds and the zero coupon components of U.S. Treasury bonds issued pursuant to the Treasury's program of "Separate Trading of Registered Interest and Principal of Securities" ("STRIPS"), on behalf of the registered broker- dealer. In connection with the implementation of Jett's trading strategies, Jett entered instructions on the broker-dealer's systems for the exchange of treasury bonds and their zero coupon components with the Federal Reserve Bank of New York ("Fed") in transactions known as strips and reconstitutions. The broker- dealer's trading and accounting systems treated these instructions, if entered to settle more than one business day forward, as actual trades that generated profits and losses ("P&L"). Jett utilized this anomaly in the broker-dealer's trading and accounting systems to generate the appearance of profitable trading and to conceal actual trading losses. By entering strip and reconstitution instructions and representing them as real trades, Jett caused the broker-dealer to incorrectly generate order tickets, the data from which was then recorded on the broker-dealer's books and records. Jett's misuse of strip and reconstitution instructions caused the broker-dealer's balance sheet, transaction journals and general ledgers to be inaccurate. The Order for Proceedings further alleges that Jett misrepresented and omitted to state material facts in the offer, purchase or sale of U.S. Government Bonds and their zero coupon component STRIPS on behalf of the broker-dealer, by, for example: falsely stating to the broker-dealer's employees that his trading profits were generated from arbitrage and market making activities; and daily confirming, or directing a subordinate to confirm, the accuracy of his P&L to the broker-dealer's accountants. Moreover, Jett's use of strip and reconstitution instructions created the appearance of large trading profits, when, in fact, Jett was continually losing large amounts of money. During 1992, Jett generated approximately $41 million of fictitious profits, which concealed a total of approximately $7 -------------------- BEGINNING OF PAGE #2 ------------------- million of actual trading losses. During 1993, Jett generated approximately $196 million of fictitious profits, which concealed a total of approximately $45 million of actual losses. During the first quarter of 1994, Jett generated a total of approximately $111 million of fictitious profits, which concealed actual trading losses of approximately $31 million. The Order for Proceedings also alleges that, from approximately July 1991 through approximately February 1993, Mullin, as Jett's direct supervisor, failed reasonably to supervise Jett with a view to preventing Jett's violations of the federal securities laws, in that Mullin did not monitor Jett's trading in sufficient detail to prevent and detect Jett's violations of the federal securities laws. For example: Mullin limited his review of Jett's trading to summary reports of Jett's P&L, net trade date inventory and risk; Mullin did not review Jett's order tickets, the sources of Jett's P&L, the settlement dates for Jett's transactions or the counterparties with whom Jett transacted business; and Mullin failed to investigate Jett's increasing profits, which, for, 1992, were approximately 100% greater than Kidder's best ever profits from trading STRIPS. A hearing will be scheduled to take evidence on the allegations made by the Division of Enforcement and to afford the respondents an opportunity to present any defenses. The purpose of the hearing is to determine whether the allegations are true and, if so, what remedial action, if any, is appropriate; whether a cease-and-desist order should issue against Jett; whether disgorgement should be ordered against Jett, including reasonable interest; and whether civil penalties should be imposed on the parties. The Commission wishes to acknowledge the cooperation of the New York Stock Exchange in the investigation of this matter.