UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION SECURITIES EXCHANGE ACT OF 1934 Release No. 34-36642 / December 27, 1995 ADMINISTRATIVE PROCEEDING File No. 3-8903 ______________________________ : In the Matter of : ORDER INSTITUTING PUBLIC : ADMINISTRATIVE PROCEEDING DANIEL L. OSBORN : PURSUANT TO SECTIONS 15(b) : AND 19(h) 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 to institute a public administrative proceeding pursuant to Sections 15(b) and 19(h) of the Securities Exchange Act of 1934 ("Exchange Act") against Daniel L. Osborn ("Daniel Osborn" or "Respondent"). Accordingly, IT IS HEREBY ORDERED that said proceeding be, and hereby is, instituted. II. In anticipation of the institution of this proceeding, Respondent has submitted an Offer of Settlement ("Offer") to the Commission which the Commission has determined to accept. Solely for the purpose of this proceeding and any other proceedings brought by or on behalf of the Commission, or in which the Commission is a party, without admitting or denying the findings contained herein, except that Respondent admits the jurisdiction of the Commission over him and over the subject matter of this proceeding and the entry of a Judgment of Permanent Injunction and Other Relief against him, the Respondent consents to the entry of the findings and remedial sanctions set forth below. III. On the basis of this Order and Respondent's Offer, the Commission finds that: A. From January 1989 to June 1992, Daniel Osborn was a registered representative and the owner, officer, director and controlling person of DLO Securities, Inc. ("DLO"), a firm registered with the Commission as a broker-dealer, and located in Irvine, California. B. A Judgment of Permanent Injunction and Other Relief ("Judgment") was entered in the United States District Court for the Central District of California against Daniel Osborn on October 13, 1995. The Judgment permanently enjoins Respondent Daniel Osborn from future violations of Section 17(a) of the Securities Act of 1933 ("Securities Act") and Sections 10(b), 15(b) and 15(c)(1) of the Exchange Act and Rules 10b-5, 15b3-1 and 15c1-2 thereunder and Sections 206(1) and 206(2) of the -------------------- BEGINNING OF PAGE #2 ------------------- Investment Advisers Act of 1940. SEC v. Daniel L. Osborn, Civil Action No. CV 95-1014 RJK (C.D. Cal.). C. The Commission's Complaint filed in the action described above alleges, among other things, that beginning in 1989 and continuing through 1990, Defendant Daniel L. Osborn participated in a fraudulent scheme with Steven D. Wymer ("Wymer") and the investment advisers controlled by Wymer, Denman & Co. and Institutional Treasury Management, Inc. (collectively "ITM"). Wymer assisted Osborn financially in forming a broker- dealer, DLO. Osborn failed to disclose Wymer's interest in DLO on its Form BD. Osborn, through DLO, charged two ITM advisory clients fraudulent, excessive, undisclosed markups on United States government securities. Osborn paid Wymer a portion of the fraudulent profits from these transactions. Osborn, through DLO, also charged ITM excessive, undisclosed markups and similarly failed to disclose the excessive markups. IV. Based upon the foregoing, the Commission deems it appropriate and in the public interest to impose the sanctions specified in the Respondent's Offer of Settlement. Accordingly, IT IS HEREBY ORDERED, effective immediately, that Respondent Daniel Osborn is barred from association with any broker, dealer, investment adviser, investment company, or municipal securities dealer, with a right to reapply in three years with the appropriate self-regulatory agency or where there is none to the Commission. By the Commission. Jonathan G. Katz Secretary