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Strategies & Market Trends : Whodunit? CHST CREATIVE HOST SVCS market manipulation

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To: surelock who wrote (119) 2/13/2001 9:24:48 AM From: StockDung    of 193   ******** CUSTOMER COMPLAINT (1 of 5) ******** Reporting Source: Firm (Form U-5) Date Reported: 10/20/2000 Date Received: 10/16/2000 Employing Firm: KIRKPATRICK, PETTIS, SMITH, POLIAN INC. Allegations: CUSTOMER ALLEGES A STOP LOSS ORDER TO SELL 2,000 SHARES WAS NOT ENTERED. Alleged Damages: $22,000.00 Action Pending?: Yes Disposition Details: *********************************** Reporting Source: Broker (Form U-4) Date Reported: 11/30/2000 Date Received: 10/16/2000 Employing Firm: KIRKPATRICK PETTIS SMITH POLIAN Allegations: I RECOMMENDED A STOP LOSS ORDER TO RAY MEHRA DURING A TIME WHEN KIRKPATRICK PETTIS SMITH POLIAN WAS IMPLENTING NEW GUIDELINES ON BUYING AND SELLING A NUMBER OF VARIOUS STOCKS INCLUDING CREATIVE HOST. BECAUSE OF THESE NEW GUIDELINES AND COMPLICATIONS ON EXCUTING ORDERS, I SUBSEQUENTLY FORGOT TO IMPLEMENT THE 2000 SHARE STOP LOSS AT $19. I HAVE AGREED TO RECTIFY THIS USING OUR ERORS & COMMISSIONS INSURANCE AND RAY APPEARS TO BE SATISFIED. Alleged Damages: $28,000.00 Action Pending?: Yes Disposition Details: ******** CUSTOMER COMPLAINT (2 of 5) ******** Reporting Source: Broker (Form U-4) Date Reported: 09/05/2000 Date Received: 03/02/2000 Employing Firm: KIRKPATRICK PETTIS Allegations: CUSTOMER PURCHASED STOCK ON MARGIN. STOCK DROPPED IN PRICE CAUSING MARGIN CALLS ON 2/22, 2/23 AND 2/24. CUSTOMER CLAIMS HE WAS TOLD HE DID NOT HAVE TO DEPOSIT MORE FUNDS TO MEET MARGIN CALL. STOCK WAS SOLD ON 2/25/2000. I DENY THE CUSTOMER'S ALLEGATIONS. Alleged Damages: $9,000.00 Action Pending?: No Resolution: Withdrawn Resolution Date: 03/07/2000 Settlement Amount: $0.00 Individual NASDR Public Disclosure Program February 13, 2001 Page 8 This information is current as of: 02/12/2001 ________________________________________________________________________________ NASD Registered Person: STEVEN ERNEST MUTH CRD Number: 1436358 CUSTOMER COMPLAINTS(cont.) Contribution: $0.00 Disposition Details: CUSTOMER SENT A LETTER TO THE COMPLIANCE DEPT. OF KIRKPATRICK PETTIS WITHDRAWING THE COMPLAINT AND APOLOGIZED FOR THE COMPLAINT LETTER. ******** CUSTOMER COMPLAINT (3 of 5) ******** Reporting Source: Broker (Form U-4) Date Reported: 09/05/2000 Date Received: 07/11/2000 Employing Firm: KIRKPATRICK PETTIS Allegations: CUSTOMER PLACED AN ORDER TO PURCHASE 3000 SHARES OF A STOCK IN LATE MAY 2000. THE ORDER WAS FILLED AT APPROXIMATELY $26/SHARE. THE PRICE OF THE STOCK DROPPED SIGNIFICANTLY AND THE CUSTOMER RECEIVED A MARGIN CALL. CUSTOMER COMPLAINED AND ALLEGED THE TRADE WAS UNAUTHORIZED AFTER STOCK DROPPED AND AFTER HE RECEIVED MARGIN CALL. I DENY THE ALLEGATIONS. Alleged Damages: $20,000.00 Action Pending?: Yes Disposition Details: ******** CUSTOMER COMPLAINT (4 of 5) ******** Reporting Source: Broker (Form U-4) Date Reported: 09/05/2000 Date Received: 07/23/2000 Employing Firm: KIRKPATRICK PETTIS Allegations: CUSTOMER PURCHASED MORE THAN 10% OF THE STOCK OF A PUBLIC COMPANY. CUSTOMER ALLEGED THAT THE BROKER AND KIRKPATRICK PETTIS HAD THE LEGAL OBLIGATION TO ADVISE CUSTOMER OF ALL SEC RULES APPLICABLE TO 10% PLUS SHAREHOLDERS. I DENY THE ALLEGATIONS. Alleged Damages: $5,000,000.00 Action Pending?: Yes Disposition Details: ******** CUSTOMER COMPLAINT (5 of 5) ******** Reporting Source: Broker (Form U-4) Date Reported: 09/05/2000 Date Received: 07/12/2000 Employing Firm: KIRKPATRICK PETTIS Allegations: ALLEGED FAILURE TO EXECUTE SELL ORDER. CUSTOMER CLAIMED HE PLACED A SELL ORDER. THE STOCK DROPPED AND HE FILED A COMPLAINT AFTER THE STOCK DROPPED. I DENY THE ALLEGATIONS. Alleged Damages: $200,000.00 Action Pending?: Yes Disposition Details: ************ END OF REPORT ************

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