Closed Meeting - Thursday, September 2, 2010 - 2:00 p.m.
The subject matter of the Closed Meeting scheduled for Thursday, Sept. 2, 2010 will be: institution and settlement of injunctive actions; institution and settlement of administrative proceedings; and other matters relating to enforcement proceedings.
At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 551-5400.
James E. Gansman Suspended
On Aug. 26, 2010, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Rule 102(e) of the Commission's Rules of Practice, Making Findings, and Imposing Remedial Sanctions (Order) against James E. Gansman. The Order finds that on Aug. 16, 2010, Gansman, who had at all relevant times been licensed as an attorney in the State of New York, was permanently enjoined from future violations of Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3 thereunder. See SEC v. James E. Gansman, et al., Civil Action No. 08-CV-4918 (S.D.N.Y.) (PKC), Lit. Rel. No. 21629 (Aug. 18, 2010). Based on that finding, the Order suspended Gansman from appearing or practicing before the Commission as an attorney. Gansman consented to issuance of the Order without admitting or denying any of the findings against him except as to the entry of the injunction, which he admitted. (Rel. 34-62769; File No. 3-14023)
Donna B. Murdoch Barred
On Aug. 26, 2010, the Commission issued an Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions (Order) against Donna B. Murdoch. The Order finds that on August 16, 2010, Murdoch, who had at all relevant times been associated with a registered broker-dealer, was permanently enjoined from future violations of Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3 thereunder. See SEC v. James E. Gansman et al., Civil Action No. 08-CV-4918 (S.D.N.Y.) (PKC), Lit. Rel. No. 21629 (Aug. 18, 2010) (SEC v. Gansman). The Order further finds that on December 23, 2008, Murdoch entered pleas of guilty to fifteen counts of securities fraud in violation of 15 U.S.C. §§ 78j(b) and 78ff, one count of false statements in violation of 18 U.S.C. § 1001, and one count of obstruction of justice in violation of 18 U.S.C. § 1505, in the United States District Court for the Southern District of New York in the action styled, United States v. Murdoch, S1-08-Cr.-471 (MGC) (S.D.N.Y., plea entered Dec. 23, 2008). Finally, the Order further finds that, with respect to Murdoch, the Commission's complaint in SEC v. Gansman alleged, among other things, that Murdoch traded on tips of material, non-public information that she knew were dispensed to her in breach of duty to the information's source, and that in two instances such tips related to tender offers with respect to which substantial steps in furtherance of the tender offer had been taken by the time of the tips. Based on the foregoing findings, the Order barred Murdoch from association with any broker or dealer. Murdoch consented to issuance of the Order without admitting or denying the findings against her other than those set forth above, which she admitted. (Rel. 34-62770; File No. 3-14024)
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