UNITED STATES OF AMERICA
|In the Matter of
Richard Langley, Jr. and
|ORDER MAKING FINDINGS,
IMPOSING REMEDIAL SANCTIONS
AND IMPOSING A CEASE-AND-
In connection with a public administrative proceeding instituted against them on October 10, 1996, pursuant to Section 8A of the Securities Act of 1933 ("Securities Act") and Sections 15(b) and 21C of the Securities Exchange Act of 1934 ("Exchange Act"), Richard Langley, Jr. ("Langley") and Gerald Larder ("Larder") have submitted a Offers of Settlement ("Offers") to the Securities and Exchange Commission ("Commission"), which the Commission has determined to accept. Solely for the purpose of this proceeding and any other proceeding brought by or on behalf of the Commission or in which the Commission is a party, and without admitting or denying the findings contained herein, except as to jurisdiction which is admitted, Langley and Larder consent to the entry of the findings and orders set forth below.
On the basis of this Order Making Findings, Imposing Remedial Sanctions, and Imposing a Cease-and-Desist Order ("Order") and the Offers submitted by Langley and Larder, the Commission makes the following findings1:
A. Richard Langley, Jr. ("Langley"), at the time of the conduct in question was a resident of California. At the time of the conduct in question Langley was not, and currently is not, associated with a registered broker-dealer.
B. Gerald Larder ("Larder"), at the time of the conduct in question was a resident of Colorado. At the time of the conduct in question Larder was not, and currently is not, associated with a registered broker-dealer.
C. Pollution Control International Corp. is located in Phoenix, Arizona. The company purports to be an environmental improvement and restoration business. The company's securities are penny stocks and are quoted on the Over-the-Counter Bulletin Board under the symbol POLU pursuant to Rule 15c2-11 of the Exchange Act.
D. During the period from at least in or about January 1996 through February 1996, Langley and Larder offered to pay, and did pay, undisclosed compensation to person(s) whom they believed to be registered representative(s) or registered principal(s), to induce such registered representatives, registered principals or persons to purchase the common stock of POLU for the accounts of customers. For example, on or about February 6 and 7, 1996, Langley and Larder, directly or indirectly transferred, or caused to be transferred, a total of 2,700 shares of POLU stock to a broker-dealer which was undisclosed compensation for previous purchases of 8,000 shares of POLU at approximately $2.125 to $2.375 per share by the broker-dealer. Accordingly, Langley and Larder willfully violated, and committed and caused violations of, Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder.
Based on the foregoing, the Commission deems it appropriate and in the public interest to impose the sanctions and issue the cease-and-desist order as specified in the Offer of Settlement.
Accordingly, IT IS HEREBY ORDERED that:
1. Respondent Langley and Respondent Larder, effective immediately, cease and desist from committing or causing any violations and any future violations of Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder;
2. Respondent Langley and Respondent Larder, effective immediately, be and hereby are barred from participation in penny stock offerings; and
3. Respondent Langley and Respondent Larder, prior to the close of business on the thirtieth business day after the date of the Order, each pay disgorgement in the amount of $2,224.55, plus interest from January 1996 to the date of the Order,2 to the United States Treasury. Such payment shall be: (a) made by United States postal money order, certified check, bank cashier's check or bank money order; (b) made payable to the U.S. Securities and Exchange Commission; (c) hand-delivered or mailed to the Comptroller, Securities and Exchange Commission, Mail Stop 0-3, 6432 General Green Way, Alexandria, Virginia 22312; and (d) submitted under cover letter which identifies Richard Langley, Jr. and Gerald Larder as the Respondents in this proceeding, the file number of this proceeding, 3-9154, and a copy of which cover letter and money order or check shall be sent to Wayne M. Carlin, Regional Director, Securities and Exchange Commission, Northeast Regional Office, 7 World Trade Center, 13th Floor, New York, New York 10048.
By the Commission.
Jonathan G. Katz
|1||Any findings contained herein are made pursuant to Respondent Langley's and Respondent Larder's Offers of Settlement and are not binding on any other person or entity named as a respondent in this or any other proceeding.|
|2||The amount of prejudgment interest is to be calculated using the Internal Revenue Service late payment rate.|
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