UNITED STATES SECURITIES AND EXCHANGE COMMISSION SECURITIES EXCHANGE ACT OF 1934 RELEASE NO. 39134 / September 26, 1997 ADMINISTRATIVE RELEASE NO. 3-9440 The Commission instituted public administrative proceedings against Kent T. Black, Joel L. Hurst, David E. Lynch, Larry E. Muller and Robert L. McCook. The Order alleges that Hurst, Lynch and Muller, operating out of a broker-dealer's now-defunct Houston office, engaged in a scheme to "park" complex mortgage-backed derivative securities with other dealers in order to move the securities off the firm's books. Further, it is alleged that these individuals utilized this scheme to manipulate the price of the derivative securities, thereby charging excessive markups to the firm's customers amounting to over $1.85 million. As a result of this parking scheme, the broker-dealer failed to maintain accurate books and records and incurred numerous net-capital deficiencies. The Order also alleges that Black made numerous misrepresentations and omissions in connection with the sale of mortgage-backed derivative securities to Escambia County, Florida. Specifically, Black failed to disclose the risks associated with extremely highly risky and volatile securities known as "inverse floaters" and "inverse interest onlys," which he sold to the county. It is also alleged that Black sold certain derivatives to Escambia County with the misrepresentation that the broker- dealer would buy the securities back at a guaranteed profit to the county, and that Black later refused to repurchase those securities. Escambia County lost over $3 million on the securities purchased from Black. The Order alleges that Black, Hurst, Lynch and Muller willfully violated Section 17(a) of the Securities Act of 1933 and Sections 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, thereunder. Additionally, it alleges Hurst, Lynch, Muller and McCook willfully aided and abetted the broker-dealer's violations of Sections 15(c) and 17(a) of the Securities Exchange Act of 1934. ======END OF PAGE 1======