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U.S. Securities and Exchange Commission

UNITED STATES OF AMERICA
before the
SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934
Release No. 45646 / March 26, 2002

ADMINISTRATIVE PROCEEDING
File No. 3-10740


In the Matter of

EDWARD J. MULLER,

Respondent.


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ORDER INSTITUTING ADMINISTRATIVE PROCEEDINGS PURSUANT TO SECTION 15(b) OF THE SECURITIES EXCHANGE ACT OF 1934, MAKING FINDINGS AND
IMPOSING REMEDIAL SANCTIONS

I

The Securities and Exchange Commission ("Commission") deems it appropriate in the public interest that public administrative proceedings be instituted pursuant to Section 15(b) of the Securities Exchange Act of 1934 ("Exchange Act") against Respondent Edward J. Muller ("Muller" or "Respondent").

II

In anticipation of the institution of these proceedings, Muller has submitted an Offer of Settlement ("Offer") which the Commission has determined to accept. Solely for the purpose of this proceeding or any other proceeding brought by or on behalf of the Commission or in which the Commission is a party, prior to a hearing pursuant to the Commission's Rules of Practice, 17 C.F.R. §201.1 et seq., and without admitting or denying the findings contained in this Order, except as to jurisdiction of the Commission over Respondent and over the subject matter of this proceeding set forth in paragraph III.A., below, and except as to the entry of the conviction set forth in paragraph III.B., below, which are admitted, Respondent Muller, by his Offer, consents to the entry of the findings and remedial sanctions set forth below.

Accordingly, IT IS ORDERED that proceedings pursuant to Section 15(b) of the Exchange Act be, and hereby are, instituted.

III

On the basis of this Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934, Making Findings and Imposing Remedial Sanctions ("Order"), and Respondent's Offer, the Commission finds that:

  1. At all relevant times, Muller was a registered representative of a registered broker-dealer.

  2. On June 26, 2000, Muller pled guilty to a one-count criminal information charging that he participated in a conspiracy to commit mail and wire fraud. United States v. Edward Muller, Case No. 00-8071-001 CR-Middlebrooks (S.D. Fla. 2000).

  3. The criminal information alleged that Muller, by use of the mails and interstate wire communications, did knowingly and willfully conspire to orchestrate a fraudulent scheme to artificially manipulate the market for the stock of OmniGene Diagnostics, Inc. by falsely inflating the price through the dissemination of false information and omission of material information.

  4. At all relevant times, Muller participated in the offering of OmniGene Diagnostics, Inc., a penny stock.

  5. On September 28, 2000, Muller was sentenced to thirteen months in prison, to be followed by two years of supervised release, and ordered to pay $134,019 in restitution.

IV

In view of the foregoing, the Commission deems it appropriate in the public interest to impose the sanctions specified in the Respondent's Offer.

ACCORDINGLY, IT IS ORDERED that Respondent Muller be, and hereby is, barred from association with any broker or dealer and barred from participating in any offering of a penny stock, including: acting as a promoter, finder, consultant, agent, or other person who engages in activities with a broker, dealer or issuer for purposes of the issuance or trading in any penny stock; or inducing or attempting to induce the purchase or sale of any penny stock.

By the Commission.

Jonathan G. Katz
Secretary


http://www.sec.gov/litigation/admin/34-45646.htm


Modified: 03/28/2002