UNITED STATES OF AMERICA
Investment Advisers Act of 1940
|In the Matter of
J. SCOTT ESKIND
ORDER MAKING FINDINGS
On September 30, 1999, the Securities and Exchange Commission ("Commission") deemed it appropriate and in the public interest that public administrative proceedings be instituted pursuant to Section 203(f) of the Investment Advisers Act of 1940 ("Advisers Act") against J. Scott Eskind ("Eskind").
Following the institution of those administrative proceedings, Eskind submitted an Offer of Settlement ("Offer"), which the Commission has determined to accept. Solely for the purpose of these proceedings and any other proceeding brought by or on behalf of the Commission or in which the Commission is a party, Eskind consents to the entry of this Order Making Findings and Imposing Remedial Sanctions Pursuant to Section 203(f) of the Investment Advisers Act of 1940 ("Order") without admitting or denying the findings set forth herein, except those contained in Section II. A. and B., below, and as to the jurisdiction of the Commission over him and over the subject matter of these proceedings, which are admitted.
The Commission has determined that it is appropriate and in the public interest to accept Eskind's Offer and accordingly is issuing this Order.
On the basis of this Order and the Offer, the Commission finds the following:
A. Eskind was an associated person of an investment adviser from approximately November 1994 through at least April 1996.
B. On January 12, 1998, a Final Judgment of Permanent Injunction was entered against Eskind by the United States District Court for the Northern District of Georgia in the case of Securities and Exchange Commissionv. J. Scott Eskind, Civil Action No. 1:97-CV-1790-CAM (N.D. Ga.), permanently enjoining him from violating Section 17(a) of the Securities Act of 1933 ("Securities Act"), Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 promulgated thereunder, and Section 206 of the Advisers Act.
C. The Commission's complaint alleged that during the period from in or about November 1994 through April 1996, Eskind, while the secretary and treasurer of an investment adviser, misrepresented his background in the securities industry to persons investing in a limited partnership which was a client of the adviser, misappropriated assets of the partnership, and falsified the books of the partnership to conceal his actions. The complaint further alleged that from April 1996 through at least May 1997, Eskind induced at least two persons to invest in securities by means of misrepresentations of material facts, including, among others, misrepresentations that Eskind was affiliated with a partnership in which the investors were led to believe they were investing, when, in fact, Eskind was not affiliated with such partnership. The complaint alleged that Eskind thereby violated Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act and Rule 10b-5, and Sections 206(1), (2) and (4) of the Advisers Act, pursuant to Rule 206(4)-2.
In view of the foregoing, it is in the public interest to impose the sanction specified in the Offer. Accordingly it is hereby ordered that Eskind is barred from association with any investment adviser.
For the Commission, by its Secretary, pursuant to delegated authority.
Jonathan G. Katz.
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