UNITED STATES OF AMERICA
In the Matter of
Robert E. Duke,
|ORDER INSTITUTING PUBLIC ADMINISTRATIVE PROCEEDINGS PURSUANT TO SECTION 15(b) OF THE SECURITIES EXCHANGE ACT OF 1934 , MAKING FINDINGS AND IMPOSING REMEDIAL SANCTIONS|
The Securities and Exchange Commission ("Commission") deems it appropriate and in the public interest that public administrative proceedings be instituted against Robert E. Duke ("Duke" or "Respondent") pursuant to Section 15(b) of the Securities Exchange Act of 1934 ("Exchange Act").
In anticipation of the institution of these proceedings, Respondent has submitted Offers of Settlement ("Offers") 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 in which the Commission is a party, and without admitting or denying any of the findings contained herein, except as to the jurisdiction of the Commission over him and over the subject matter of these proceedings, and the matters set forth in paragraph II. 1., below, and the entry of the injunction set forth in paragraphs II. 4. and 6., below, which are admitted, Respondent consents to the entry by the Commission of this Order Instituting Public Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934, Making Findings and Imposing Remedial Sanctions ("Order").
Accordingly, IT IS HEREBY ORDERED that proceedings against Respondent be and hereby are instituted.
On the basis of this Order and the Offers, the Commission finds that:
1. Respondent has never been registered with the Commission as a broker or dealer, or in any other capacity, and has never been associated with a broker or dealer registered with the Commission. At all relevant times, Respondent was associated with an unregistered broker-dealer.
2. On June 5, 2001, the Commission filed a complaint in the United States District Court for the Southern District of Florida, SEC v. William J. Tishman, et al., Civil Action No. 01-6952-CIV-Dimitrouleas, naming Respondent as a defendant (the "Complaint"), in addition to Respondent's company, Sam Sara Investments, Inc. ("Sam Sara"). The Complaint charged Respondent with violations of the offering registration and broker-dealer registration provisions of the federal securities laws.
3. The Commission alleged in its Complaint, among other things, as follows:
4. On September 21, 2001, without admitting or denying any of the allegations in the Commission's Complaint, except as to jurisdiction and venue, Respondent consented to the entry of a final judgment of permanent injunction and other relief. On February 20, 2002, the Court permanently enjoined Respondent from future violations of Sections 5(a) and 5(c) of the Securities Act of 1933 and Section 15(a) of the Exchange Act.
5. On March 15, 2001, the Commission filed a Complaint in the United States District Court for the Southern District of Florida, SEC v. Hawa Corporation, et al., Civil Action No. 00-8660-CIV-Hurley (S.D. Fla. March 15, 2001) (the "Hawa Complaint"), against, among others, Respondent. The Hawa Complaint charged Respondent and others with violating the securities registration, broker-dealer registration, and antifraud provisions of the federal securities laws, in connection with the unregistered offering of securities issued by Hawa Corporation, Hawa Communications, Inc. and Hawa Med., Inc.
6. On October 2, 2001, without admitting or denying any of the allegations in the Commission's Hawa Complaint, except as to jurisdiction and venue, Respondent consented to the entry of a final judgment of permanent injunction and other relief. On February 20, 2002, the Court permanently enjoined Respondent from future violations of Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933, Sections 10(b) and 15(a)(1) of the Exchange Act, and Rule 10b-5, thereunder.
Based on the foregoing, the Commission deems it appropriate and in the public interest to accept the Offers submitted by Respondent, and accordingly,
IT IS HEREBY ORDERED that:
Respondent Robert E. Duke be, and hereby is, barred from association with any broker or dealer.
By the Commission.
Jonathan G. Katz
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