NASD Member Firm: GUNNALLEN FINANCIAL, INC CRD Number: 17609 REGULATORY ACTIONS ******************************************************************************** DISCLOSURE INFORMATION ******** REGULATORY ACTION (1 of 4) ******** Reporting Source: Firm (Form BD) Date Reported: 07/02/2003 Initiated By: NASD Date initiated: 06/24/2003 Docket/ Case Number: NASD EXAMINATION # E07021191 Allegations: SUBJECT OF AN INVESTIGATION OF VIOLATION NASD MEMBERSHIP RULE 1017. Current Status: Pending Summary: ******** REGULATORY ACTION (2 of 4) ******** Reporting Source: Regulator (Form U-6) NASD Public Disclosure Program July 08, 2003 Page 5 This information is current as of: 07/08/2003 ________________________________________________________________________________ NASD Member Firm: GUNNALLEN FINANCIAL, INC CRD Number: 17609 REGULATORY ACTIONS(cont.) Date Reported: 05/23/2003 Initiated By: NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. Date initiated: 05/13/2003 Docket/ Case Number: C07030033 Allegations: NASD BY-LAWS ARTICLE V, SECTION 2, NASD RULE 3070(A)(8) - RESPONDENT MEMBER FAILED TO REPORT SETTLEMENTS OF CUSTOMER CLAIMS IN EXCESS OF $25,000 WITHIN 10 BUSINESS DAYS VIA NASD'S CUSTOMER COMPLAINT REPORTING SYSTEM; AND FAILED TO UPDATE FORMS U-4 OF ASSOCIATED PERSONS TO REFLECT INFORMATION REGARDING THE SETTLEMENT OF CUSTOMER ARBITRATION CLAIMS AGAINST THEM. Current Status: Final Resolution: Acceptance, Waiver & Consent(AWC) Resolution Date: 05/13/2003 Sanctions Ordered: Monetary/Fine Monetary Amount: $7,500.00 Resolution Details: WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GUNNALLEN FINANCIAL, INC. CONSENTED TO THE DESCRIBED SANCTION AND TO THE ENTRY OF FINDINGS, THEREFORE, THE FIRM IS FINED $7,500. Summary: *********************************** Reporting Source: Firm (Form BD) Date Reported: 07/01/2003 Initiated By: NATIONAL ASSOCIATION OF SECURITIES DEALERS Date initiated: 01/17/2003 Docket/ Case Number: NASD CASE #C07030033 Allegations: THE NASD HAS NOTIFIED THE FIRM, THAT (1) IT ALLEGEDLY VIOLATED CONDUCT RULE 3070(A)(8)BY FAILING TO REPORT FIVE SETTLEMENTS OF CUSTOMER CLAIMS IN EXCESS OF $25000.00 WITHIN 10 BUSINESS DAYS AND THAT (2) BRADLEY A FAY , AS THE FIRMS FINOP IN CHARGE OF REGISTRATIONS ALLEGEDLY VIOLATED ART. V. SEC. 2 BY APPARENTLY FAILING TO UPDATE TWO U-4'S TO REFLECT THAT PREVIOUSLY DISCLOSED CUSTOMER ARBITRATIONS HAD BEEN SUBSEQUENTLY SETTLED. Current Status: Final Resolution: Acceptance, Waiver & Consent(AWC) Resolution Date: 05/13/2003 Sanctions Ordered: Monetary/Fine Monetary Amount: $7,500.00 Resolution Details: WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, GUNNALLEN FINANCIAL, INC. CONSENTED TO THE DESCRIBED SANCTION AND TO THE ENTRY OF FINDINGS, THEREFORE, THE FIRM IS FINED $7500.00. Summary: ******** REGULATORY ACTION (3 of 4) ******** Reporting Source: Regulator (Form U-6) Date Reported: 01/08/2002 Initiated By: OFFICE OF THE NORTH DAKOTA SECURITIES COMMISSIONER Date initiated: 12/28/2001 NASD Public Disclosure Program July 08, 2003 Page 6 This information is current as of: 07/08/2003 ________________________________________________________________________________ NASD Member Firm: GUNNALLEN FINANCIAL, INC CRD Number: 17609 REGULATORY ACTIONS(cont.) Docket/ Case Number: Allegations: RESPONDENT SUBMITTED BROKER/DEALER APPLICATION AND ALONG WITH THE APPLICATION SENT AN AFFIDAVIT OF DEALER ACTIVITY STATING THAT THEY HAD NOT CONDUCTED SECURITIES TRANSACTIONS ON BEHALF OF A NORTH DAKOTA RESIDENT. A TRANSACTION HAD BEEN MADE ON BEHALF OF A NORTH DAKOTA RESIDENT IN DECEMBER OF 2000 Current Status: Final Resolution: Order Resolution Date: 01/03/2002 Sanctions Ordered: Monetary/Fine Monetary Amount: $3,000.00 Resolution Details: CONSENT ORDER SIGNED ON DECEMBER 28, 2001, STATED THE DEALER WOULD BE FINED $3000. FINE WAS PAID ON JANUARY 3, 2002, IN FULL Summary: ON AUGUST 21, 2001, THE NORTH DAKOTA SECURITIES COMMISSIONER RECEIVED AN APPLICATION FROM GUNNALLEN. ALONG WITH THAT APPLICATION THEY SENT AN AFFIDAVIT STATING THEY HAD NOT CONDUCTED ANY TRANSACTIONS IN NORTH DAKOTA WHICH THEY HAD DONE BACK IN DECEMBER 2000 ON BEHALF OF ONE NORTH DAKOTA RESIDENT. FINE WAS ORDERED ON THEM ON DECEMBER 28, 2001, AND PAID IN FULL ON JANUARY 3, 2002. *********************************** Reporting Source: Firm (Form BD) Date Reported: 09/17/2002 Initiated By: OFFICE OF THE NORTH DAKOTA SECURITIES COMMISSIONER Date initiated: 12/28/2001 Docket/ Case Number: Allegations: BROKER/DEALER SUBMITTED AN APPLICATION AND ALONG WITH THE APPLICATION WAS SENT AN AFFIDAVIT OF DEALER'S ACTIVITY STATING THAT THEY HAD NOT CONDUCTED SECURITIES TRANSACTIONS ON BEHALF OF A NORTH DAKOTA RESIDENT. A TRANSATION HAS BEEN MADE ON BEHALF OF A NORTH DAKOTA RESIDENT IN DECEMBER OF 2000. Current Status: Final Resolution: Order Resolution Date: 01/03/2002 Sanctions Ordered: Monetary/Fine Monetary Amount: $3,000.00 Resolution Details: CONSENT ORDER SIGNED ON 12/28/2001, STATED DEALER WOULD BE FINED $3000.00. FINE WAS PAID ON 1/3/02 IN FULL Summary: ON 8/21/2001, THE NORTH DAKOTA SECURITIES COMMISIONER RECEIVED AN APPLICATION FROM GUNNALLEN ALONG WITH THAT APPLICATION GUNNALLEN SENT AN AFFIDAVIT STATING THAT THEY HAD NOT CONDUCTED ANY TRANSACTIONS ON BEHALF OF A NORTH DAKOTA RESIDENT WHICH IN FACT ONE TRANSACTIONS WAS EXECUTED IN BEHALF OF A RESIDENT IN DECEMBER 2000. A FINE WAS ORDERED 12/28/01 AND PAID IN FULL 1/3/02. ******** REGULATORY ACTION (4 of 4) ******** Reporting Source: Regulator (Form U-6) Date Reported: 07/07/2003 Initiated By: NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. Date initiated: 08/02/2000 NASD Public Disclosure Program July 08, 2003 Page 7 This information is current as of: 07/08/2003 ________________________________________________________________________________ NASD Member Firm: GUNNALLEN FINANCIAL, INC CRD Number: 17609 REGULATORY ACTIONS(cont.) Docket/ Case Number: CMS000162 Allegations: SEC RULE 15C2-11, AND NASD RULES 2110 AND 6740 - PURSUANT TO SECTION 12(K)(1)(A) OF THE SECURITIES EXCHANGE ACT OF 1934, SEC SUSPENDED TRADING IN CERTAIN OTC EQUITY SHARES. RESPONDENT FIRM PLACED ORDERS TO SELL SUCH SHARES FOR THE FIRM'S PROPRIETARY ACCOUNT. FOLLOWING THE CONCLUSION OF THE SUSPENSION PERIODS, THE FIRM PUBLISHED A QUOTATION FOR EACH OF THESE SECURITIES, OR DIRECTLY OR INDIRECTLY, SUBMITTED SUCH QUOTATIONS FOR PUBLICATION IN A QUOTATION MEDIUM AND: (I) DID NOT HAVE IN ITS RECORDS THE DOCUMENTATION REQUIRED BY SEC RULE 15C2-11(A) ("PARAGRAPH (A) INFORMATION"); (II) DID NOT HAVE A REASONABLE BASIS UNDER THE CIRCUMSTANCES FOR BELIEVING THAT THE PARAGRAPH (A) INFORMATION WAS ACCURATE IN ALL MATERIAL RESPECTS; OR (III) THAT THE SOURCES OF THE PARAGRAPH (A) INFORMATION WERE RELIABLE. RESPONDENT FIRM FAILED TO FILE A FORM 211 WITH THE ASSOCIATION AT LEAST THREE BUSINESS DAYS BEFORE THE FIRM'S QUOTATIONS WERE PUBLISHED OR DISPLAYED IN A QUOTATION MEDIUM. Current Status: Final Resolution: Acceptance, Waiver & Consent(AWC) Resolution Date: 08/02/2000 Sanctions Ordered: Monetary/Fine Monetary Amount: $5,000.00 Resolution Details: THE FIRM SHALL ALSO, WITHIN 60 DAYS OF THE ACCEPTANCE OF THIS AWC BY THE ASSOCIATION, UNDERTAKE TO SUBMIT REVISED WRITTEN SUPERVISORY PROCEDURES REASONABLY DESIGNED TO PREVENT FUTURE VIOLATIONS OF SEC RULE 15C2-11 AND NASD RULE 6740. Summary: *********************************** Reporting Source: Firm (Form BD) Date Reported: Initiated By: NASD REGULATION, INC. Date initiated: 08/02/2000 Docket/ Case Number: CMS000162AWC Allegations: FAILURE TO COMPLY WITH NASD MARKETPLACE RULE 6740 AND CONDUCT RULE 2110. Current Status: Final Resolution: Acceptance, Waiver & Consent(AWC) Resolution Date: 08/02/2000 Sanctions Ordered: Monetary/Fine Monetary Amount: $5,000.00 Resolution Details: $5000 AGAINST GUNNALLEN PAID 8/7/2000 Summary: NASD Public Disclosure Program July 08, 2003 Page 8 This information is current as of: 07/08/2003 ________________________________________________________________________________ NASD Member Firm: GUNNALLEN FINANCIAL, INC CRD Number: 17609 ******************************************************************************** FIRM ARBITRATIONS ******************************************************************************** DISCLOSURE INFORMATION This section contains summary information regarding arbitration awards rendered in a forum administered by the NASD that involve securities or commodities disputes between NASD member firms and public customers. Some of the fields in this section of the report may be blank if the information was not provided to CRD. Unlike the arbitration information required to be reported by brokers via Form U-4, firm arbitration information is not required to be reported on Form BD and is therefore disclosed through the Public Disclosure Program via a slightly different mechanism. Summary information regarding NASD arbitration awards involving securities and commodity disputes between public customers and NASD member firms is updated and disclosed on firm public disclosure reports generally within 10-15 days after the arbitration award is signed and served to all parties. The full text of arbitration awards issued by arbitrators at the NASD and at other forums is available online as a cooperative arrangement between NASD Dispute Resolution and the Securities Arbitration Commentator (SAC) at www.nasdadr.com. The awards are generally available within one month after the arbitration award is signed and served to all parties. To access the arbitration award information it is suggested that you first view the summary information available via the Public Disclosure Program, and then use the case number included in the Public Disclosure report to access the full text of the award at www.nasdadr.com. ** OCCURRENCE COUNTS ** 3 Record(s) ******************************************************************************** ** FIELD DEFINITIONS ** * Type of Event: Type of disclosure event (e.g., arbitration) that details pertain to. * Update: An indication (i.e., yes or no) as to whether the information is an update to earlier information reported about the arbitration proceeding. * Arbitration Forum: Forum that administered the arbitration proceeding. * Case Served Date: Date case was served on respondent(s). * Case Number: Case number assigned to the arbitration proceeding. * Allegations: Allegations made by the customer(s) which lead to the arbitration proceeding. * Type of Securities: Type of securities allegations relate to. * Relief Asked: Alleged dollar amount of compensatory damages sought by the customer(s). * Disposition: Disposition of the arbitration proceeding. * Disposition Date: Date of disposition. * Relief Awarded: Details related to the relief awarded to the parties involved in the arbitration proceeding. ******************************************************************************** ******** FIRM ARBITRATION (1 of 3) ******** Type of Event: ARBITRATION Update: NO Arbitration Forum: NASD Case Served Date: 09/01/1998 Case Number: 98-02524 Allegations: ACCOUNT RELATED-OTHER Type of Securities: COMMON STOCK Relief Asked: ACTUAL/COMPENSATORY DAMAGES, ASKED AMOUNT $3,730.00; OTHER COSTS, ASKED AMOUNT $0.00; OTHER NON-MONETARY RELIEF, ASKED AMOUNT Disposition: AWARD AGAINST PARTY NASD Public Disclosure Program July 08, 2003 Page 9 This information is current as of: 07/08/2003 ________________________________________________________________________________ NASD Member Firm: GUNNALLEN FINANCIAL, INC CRD Number: 17609 FIRM ARBITRATIONS(cont.) Disposition Date: 05/17/1999 Relief Awarded: ACTUAL/COMPENSATORY DAMAGES, RELIEF HAS BEEN AWARDED (PARTIAL OR FULL), AWARD AMOUNT $5,000.00 JOINTLY AND SEVERALLY; OTHER COSTS, RELIEF REQUEST HAS BEEN DENIED IN FULL; OTHER NON-MONETARY RELIEF, RELIEF HAS BEEN AWARDED (PARTIAL OR FULL), AWARD AMOUNT ******** FIRM ARBITRATION (2 of 3) ******** Type of Event: ARBITRATION Update: NO Arbitration Forum: NASD Case Served Date: 01/13/1994 Case Number: 93-04871 Allegations: ACCOUNT RELATED-BREACH OF CONTRACT Type of Securities: LIMITED PARTNERSHIPS Relief Asked: ACTUAL/COMPENSATORY DAMAGES, ASKED AMOUNT $1,000.00; INTEREST, ASKED AMOUNT $0.00 Disposition: AWARD AGAINST PARTY Disposition Date: 06/23/1995 Relief Awarded: ACTUAL/COMPENSATORY DAMAGES, RELIEF HAS BEEN AWARDED (PARTIAL OR FULL), AWARD AMOUNT $1,000.00; INTEREST, RELIEF HAS BEEN AWARDED (PARTIAL OR FULL) ******** FIRM ARBITRATION (3 of 3) ******** Type of Event: ARBITRATION Update: NO Arbitration Forum: NASD Case Served Date: 05/11/1993 Case Number: 93-01058 Allegations: ACCOUNT RELATED-DIVIDENDS Type of Securities: LIMITED PARTNERSHIPS Relief Asked: ACTUAL/COMPENSATORY DAMAGES, ASKED AMOUNT $423.02; INTEREST, ASKED AMOUNT $0.00 Disposition: AWARD AGAINST PARTY Disposition Date: 02/04/1994 Relief Awarded: ACTUAL/COMPENSATORY DAMAGES, RELIEF HAS BEEN AWARDED (PARTIAL OR FULL), AWARD AMOUNT $423.02 JOINTLY AND SEVERALLY; INTEREST, RELIEF HAS BEEN AWARDED (PARTIAL OR FULL), AWARD AMOUNT $157.98 JOINTLY AND SEVERALLY ************ END OF REPORT ************ |