==========================================START OF PAGE 1====== Securities Exchange Act of 1934 Release No. 37247 / mAY 28, 1996 Administrative Proceeding File No. 3-9013 ADMINISTRATIVE PROCEEDINGS INSTITUTED AGAINST WENDELL JEFFREY LEE The Securities and Exchange Commission ("Commission") has instituted public administrative proceedings against Wendell Jeffrey Lee ("Lee") pursuant to Sections 15(b) and 19(h) of the Securities Exchange Act of 1934 ("Exchange Act"). The Commission's Order Instituting Public Proceedings ("Order") alleges that Lee, who was employed as a registered representative in the Jenkintown, Pennsylvania branch office of W.H. Newbold's Son & Co. ("Newbold's"), a division of Fahnestock & Co., Inc., a broker-dealer registered with the Commission, violated Section 17(a) of the Securities Act of 1933 ("Securities Act"), Section 10(b) of the Exchange Act, and Rule 10b-5 thereunder by misappropriating the proceeds of unauthorized securities transactions. Specifically, the Order alleges that from April 1993 through May 1994, Lee engaged in a scheme to defraud at least two Newbold's brokerage customers of approximately $276,000 by liquidating securities in the customers' accounts, without their knowledge or consent, and then misappropriating the proceeds of such transactions. Lee forged customers' signatures on numerous letters authorizing and instructing Newbold's to issue checks drawn against the customers' accounts. He then misappropriated the checks and converted the proceeds. Lee also caused Newbold's to make unauthorized wire transfers of funds out of a customer account and into third-party accounts for his benefit. The Order also alleges that, based on the above-described conduct, Lee pled guilty to sixteen counts of felony forgery. Commonwealth of Pennsylvania v. Wendell Jeffrey Lee, Docket Nos. 1319-95 and 1478-95, Court of Common Pleas, Montgomery County, Pennsylvania. The Order further alleges that an injunction was entered against Lee on January 4, 1996 enjoining him from future violations of Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. (On September 27, 1995, the Commission filed a civil injunctive action against Lee. SEC v. Wendell Jeffrey Lee, 2:95-CV-06088.)(See also Litigation Rel. No. 14659.)