United States Securities and Exchange Commission Securities Exchange Act of 1934 Release No. 40510 / September 30, 1998 Administrative Proceeding File No. 3-9754 IN THE MATTER OF H.J. MEYERS & CO., INC. and TOBIN J. SENEFELD The Securities and Exchange Commission announced that it instituted administrative proceedings against H.J. Meyers & Co., Inc., a broker-dealer based in Rochester, New York, and Tobin Senefeld, a former branch manager at H.J. Meyers. Senefeld is charged with engaging in a free riding scheme along with a former registered representative, Rita Savla. H.J. Meyers is charged with failing to supervise Savla and Senefeld. Free-riding is a pattern of purchasing securities in accounts in which there were not sufficient funds to pay for the securities and which had no means of paying for the shares except through the sale of the same shares. The Order alleges that Senefeld purchased 30,000 shares of stock in nominee accounts at a cost of $364,825 without any intention or ability to pay for the purchases. Senefeld's trading left customer accounts with approximately $49,000 in losses. The Commission's Order alleges that the fraudulent activities went undetected because H.J. Meyers failed to follow up on indications of possible free-riding. The Order alleges that prior to the free-riding scheme, H.J. Meyers was aware of certain problematic activities concerning Senefeld and the Boston branch office, including an excessive number of customer accounts subject to a 90-day restriction for failure to pay for a purchase of securities prior to its sale or delivery. The Order also alleges that during the period of the free-riding scheme, H.J. Meyers received indications of possible free-riding in its Boston branch office but failed to investigate or take any action. Specifically, H.J. Meyers received daily reports of all accounts placed on 90-day restriction, daily reports of trades in restricted accounts, and monthly reports of Regulation T extensions, all of which indicated possible free-riding in the Boston branch office. In addition to failure to supervise charges, the Commission also charged H.J. Meyers with failing to cancel or liquidate on a timely basis purchases of stock in accounts used by Savla and Senefeld for free-riding.