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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. 47487 / March 12, 2003

Administrative Proceeding
File No. 3-11061


In the Matter of

PETER MATUS,

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 and in the public interest that public administrative proceedings be, and hereby are, instituted pursuant to Section 15(b) of the Securities Exchange Act of 1934 ("Exchange Act") against Peter Matus ("Respondent" or "Matus").

II.

In anticipation of the institution of these proceedings, Respondent has submitted an Offer of Settlement (the "Offer") which the Commission has determined to accept. Solely for the purpose of these proceedings and any other proceedings brought by or on behalf of the Commission, or to which the Commission is a party, and without admitting or denying the findings herein, except as to the Commission's jurisdiction over him and the subject matter of these proceedings, and the findings contained in Section III.2 below, which are admitted, Respondent consents to the entry 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"), as set forth below.

III.

On the basis of this Order and Respondent's Offer, the Commission finds that:

1. Matus was registered with the Commission as a registered representative associated with Terra Nova Trading L.L.C. through the end of May 2001.

2. Matus was permanently enjoined on June 24, 2002, from violations of Section 10(b) of the Exchange Act of and Rule 10b-5 promulgated thereunder, by the United States District Court for the Eastern District of Texas [SEC v. George Matus, et al., 4:01CV359]. Matus consented to the entry of the permanent injunction without admitting or denying any violation of the federal securities laws, as alleged in the Commission's Complaint.

3. The Commission's Complaint in SEC v. George Matus, et al., alleged that in May 2001 Matus acquired material non-public information from his brother George Matus, who was employed by Carreker Corporation ("Carreker"), a publicly traded company, as its Senior Vice President of Investor Relations. The Complaint further alleged that George Matus had a fiduciary duty not to disclose this information to Matus but disclosed this information to Matus for the purpose of engaging in insider trading in Carreker Corporation securities in violation of Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. The Complaint further alleged that Matus, acting with scienter, used this information to trade in Carreker securities and realized a total profit of $209,640 from the purchase and sale of options in Carreker.

IV.

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

ACCORDINGLY, IT IS HEREBY ORDERED:

Pursuant to Section 15(b)(6) of the Exchange Act, that Respondent Matus be, and hereby is barred from association with any broker or dealer.

For the Commission, by its Secretary, pursuant to delegated authority.

Jonathan G. Katz
Secretary

SERVICE LIST

Rule 141 of the Commission's Rules of Practice provides that the Secretary, or another duly authorized officer of the Commission, shall serve a copy of the Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions ("Order") on each person named in the Order as a party and their legal agent.

The attached Order has been sent to the following parties and other persons entitled to notice:

Honorable Brenda P. Murray
Chief Administrative Law Judge
U.S. Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, DC 20549-1106

Kenneth R. Lench, Esq.
Division of Enforcement
U.S. Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, DC 20549-0809

Harold R. Loftin, Esq.
Division of Enforcement
U. S. Securities and Exchange Commission
Fort Worth District Office
Burnett Plaza, Suite 1900
801 Cherry Street, Unit #18
Fort Worth, TX 76102-6882

Mr. Peter Matus
1652 Spring Run Dr.
Salt Lake City, UT 84117

 

http://www.sec.gov/litigation/admin/34-47847.htm


Modified: 03/14/2003