-------------------- BEGINNING OF PAGE #1 ------------------- U.S. Securities and Exchange Commission Investment Advisers Act of 1940 Release No. 1533 / October 31, 1995 -------------------------- Administrative Proceeding File No. 3-8874 In the Matter of Brian Jeffrey Sheen The Securities and Exchange Commission ("Commission") instituted public administrative and cease-and-desist proceedings pursuant to Sections 203(f) and 203(k) of the Investment Advisers Act of 1940 ("Advisers Act") against Brian Jeffrey Sheen ("Sheen") of Boca Raton, Florida. Sheen was the president, CEO, and sole shareholder of Sheen Investment Advisory Services, Inc. ("SIAS"), formerly an investment adviser registered with the Commission from December 1986 to February 1995. The Order Instituting Public Proceedings ("Order") alleges that, from various times beginning on at least February 1988 through at least December 1994, SIAS violated Sections 204, 206(2), and 206(4) of the Advisers Act, and Rules 204-1(b)(1), 204-2, 204-3(c), 206(4)-1(a)(5), 206(4)-2 and 206(4)-4(a)(2) thereunder, and Sheen willfully aided and abetted and caused such violations, in that they: (i) distributed materially false and misleading advertisements; (ii) failed to fully disclose all compensation received in connection with the recommendation and sale of limited partnership units; (iii) used written contracts for advisory services which contained improper clauses in violation of fiduciary standards; (iv) failed to have clients' funds in their custody and possession verified by accountant surprise examinations; (v) failed to provide quarterly itemized statements; (vi) failed to promptly amend Form ADV to make required disclosures; (vii) failed to disclose material disciplinary events; (viii) failed to annually deliver or make written offer to deliver disclosure statements to advisory clients; and (ix) failed to make and keep true and accurate and current books and records relating to SIAS' investment advisory business. A hearing will be scheduled to determine whether the allegations against Sheen are true, and, if so, to determine what, if any, remedial actions, including the entry of cease- and-desist orders and the payment of administrative money penalties, are appropriate.