NASD Registered Person: RAYMOND LOUIS DIRKS CRD Number: 601699 ******************************************************************************** REGULATORY ACTIONS ******************************************************************************** DISCLOSURE INFORMATION This section lists regulatory actions that were reported to CRD and are disclosable through NASD BrokerCheck. Disclosable regulatory actions include formal proceedings initiated by a regulatory authority (i.e., a state securities agency, NASD, New York Stock Exchange, foreign regulatory body, etc.) for a violation of investment-related rules or regulations. In addition, revocations or suspensions of an individual broker's authority to act as an attorney, accountant or federal contractor will appear here. Some of the fields in this section of the report may be blank if the information was not provided to CRD. ** OCCURRENCE COUNTS ** 5 Record(s) ******************************************************************************** ** FIELD DEFINITIONS ** * Reporting Source: The form through which details of the regulatory action was reported to CRD. * Date Reported: The date the regulatory action was reported to CRD. * Initiated By: The name of the securities regulator that initiated the regulatory action (e.g., regulator, foreign financial regulatory authority, self-regulatory organization, federal agency such as SEC, state, etc.). * Date Initiated: Date the regulatory action was initiated. * Docket/Case Number: Docket or case number of the regulatory action. * Employing Brokerage Firm: Brokerage Firm where individual broker was employed when activity occurred that led to the regulatory action. * Allegations: Allegations made against the individual broker leading to the regulatory action. * Current Status: The current status of the regulatory action (i.e., pending, on appeal or final). * Resolution: The resolution of the regulatory action (e.g., acceptance, waiver and consent; decision; decision and order of offer of settlement; order; settled; etc.). * Resolution Date: The date the regulatory action was resolved. * Sanction Details: Additional details regarding any sanctions ordered. * Summary: A summary of the details related to the regulatory action. ******************************************************************************** ******** REGULATORY ACTION (1 of 5) ******** Reporting Source: Regulator (Form U-6) Date Reported: 05/17/2004 Initiated By: NASD Date initiated: 12/04/2003 Docket/ Case Number: CAF030063 Employing Brokerage Firm: DIRKS & COMPANY, INC. Allegations: NASD RULES 2110, 2210(D)(1)(A), 2210(D)(1)(B), 2210(D)(2)(B)(I), 2210(D)(2)(B)(I)(A), 2210(D)(2)(C), 2711 - A MEMBER FIRM, ACTING THROUGH RAY DIRKS, FAILED TO DEFINE THE MEANING OF EACH RATING USED IN THE FIRM'S RATING SYSTEM IN RESEARCH REPORTS; ACTING THROUGH RAY DIRKS, FAILED TO DISCLOSE THE VALUATION METHOD USED TO DETERMINE A PRICE TARGET, PROVIDE A REASONABLE BASIS FOR PRICE TARGETS, AND INCLUDE A DISCLOSURE CONCERNING THE RISKS THAT MAY IMPEDE THE ACHIVEMENT OF THE PRICE TARGET IN REPORTS; A MEMBER FIRM, ACTING THROUGH DIRKS, FAILED TO DISCLOSE THAT IT IS A MARKET MAKER IN A PARTICULAR NASD BrokerCheck August 17, 2005 Page 5 This information is current as of: 08/17/2005 ________________________________________________________________________________ NASD Registered Person: RAYMOND LOUIS DIRKS CRD Number: 601699 REGULATORY ACTIONS(cont.) SECURITIES AT THE TIME THE SECURITIES RESEARCH REPORT WAS PUBLISHED; A MEMBER FIRM, ACTING THROUGH DIRKS, FAILED TO MAKE CERTAIN DISCLOSURES AS REQUIRED BY NASD RULE 2210; A MEMBER FIRM, ACTING THROUGH DIRKS, OMITTED MATERIAL FACTS WHICH CAUSED RESEARCH REPORTS TO BE MISLEADING, REPORTED PRICE TARGET PROJECTIONSS AND REVENUE ESTIMATES THAT WERE EXAGGERATED, UNWARRANTED, MISLEADING, WITHOUT A LEGITIMATE BASIS, AND FORECASTS OF FUTURE EVENTS THAT WERE UNWARRANTED. Current Status: Final Resolution: Decision & Order of Offer of Settlement Resolution Date: 04/27/2004 Sanctions Ordered: Monetary/Fine, Suspension Monetary Amount: $25,000.00 Resolution Details: WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, DIRKS CONSENTED TO THE DESCRIBED SNACTIONS AND TO THE ENTRY OF FINDINGS, THEREFORE, HE IS FINED $25,000 AND SUSPENDED FROM ASSOCIATION WITH ANY NASD MEMBER IN ANY CAPACITY FOR 30 DAYS. SUSPENSION EFFECTIVE MAY 17, 2004 TO CLOSE OF BUSINESS JUNE 15, 2004. Summary: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 06/17/2004 Initiated By: NASD OFFICE OF HEARING OFFICERS Date initiated: 12/04/2003 Docket/ Case Number: CAF-030063 Employing Brokerage Firm: DIRKS AND COMPANY, INC. Allegations: COMPLAINT ALLEGES RAY DIRKS FAILED TO COMPLY WITH PROVISIONS OF NASD RULES 2711, 2110, AND 2210 REGARDING RESEARCH REPORTS DIRKS AUTHORED OR CO-AUTHORED. Current Status: Final Resolution: Decision & Order of Offer of Settlement Resolution Date: 04/27/2004 Sanctions Ordered: Monetary/Fine, Suspension Monetary Amount: $25,000.00 Resolution Details: WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, DIRKS CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS, THEREFORE, HE IS FINED $25,000 AND SUSPENDED FROM ASSOCIATION WITH ANY NASD MEMBER IN ANY CAPACITY FOR 30 DAYS. SUSPENSION EFFECTIVE MAY 17, 2004 TO CLOSE OF BUSINESS JUNE 15, 2004. Summary: ******** REGULATORY ACTION (2 of 5) ******** Reporting Source: Regulator (Form U-6) Date Reported: 09/22/2003 Initiated By: NASD Date initiated: 08/05/2003 Docket/ Case Number: ARB020032/97-02920 Employing Brokerage Firm: Allegations: FAILED TO COMPLY WITH A SETTLEMENT AGREEMENT IN VIOLATION OF RULE 10330(H) Current Status: Final NASD BrokerCheck August 17, 2005 Page 6 This information is current as of: 08/17/2005 ________________________________________________________________________________ NASD Registered Person: RAYMOND LOUIS DIRKS CRD Number: 601699 REGULATORY ACTIONS(cont.) Resolution: Decision Resolution Date: 08/05/2003 Sanctions Ordered: Suspension Other Sanctions: COSTS-$1,689.44 Resolution Details: PURSUANT TO ARTICLE VI, SECTION 3 OF THE NASD BY-LAWS AND RULE 9514(G), DIRKS' REGISTRATION IS SUSPENDED EFFECTIVE AUGUST 5, 2003. SUCH SUSPENSION SHALL CONTINUE UNTIL HE SHOWS (1) HE HAS MADE FULL PAYMENT UNDER THE SETTLEMENT AGREEMENT; OR (2) THE SETTLEMENT AGREEMENT AND JUDGMENT HAVE BEEN MODIFIED; OR (3) HE HAS FILED A BANKRUPTCY PETITION IN A U.S. BANKRUPTCY COURT OR THAT THE AWARD HAS BEEN DISCHARGED BY A U.S. BANKRUPTCY COURT. APPEALED TO THE SEC AND REQUESTED A STAY ON AUGUST 6, 2003. NASD REGISTRATION REINSTATED SEPTEMBER 3, 2003. DIRKS AND CLAIMANT SETTLED THE AWARD AND DIRKS HAS PAID CLAIMANT THE SETTLEMENT AMOUNT, SATISFYING THE CONDITIONS NECESSARY FOR REINSTATEMENT. Summary: *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/12/2003 Initiated By: NASD Date initiated: 08/05/2003 Docket/ Case Number: ARB020032/97-02920 Employing Brokerage Firm: COLEMAN & CO Allegations: FAILED TO COMPLY WITH A SETTLEMENT AGREEMENT IN CONNECTION WITH A SETTLEMENT AGREEMENT IN VIOLATION OF RULE 10330(H) Current Status: Final Resolution: Decision Resolution Date: 08/05/2003 Sanctions Ordered: Suspension Other Sanctions: COSTS-$1,689.44 Resolution Details: PURSUANT TO ARTICLE VI, SECTION 3 OF THE NASD BY-LAWS AND RULE 9514(G), DIRKS' REGISTRATION IS SUSPENDED EFFECTIVE AUGUST 5, 2003. SUCH SUSPENSION SHALL CONTINUE UNTIL HE SHOWS (1) HE HAS MADE FULL PAYMENT UNDER THE SETTLEMENT AGREEMENT; OR (2) THE SETTLEMENT AGREEMENT AND JUDGMENT HAVE BEEN MODIFIED; OR (3) HE HAS FILED A BANKRUPTCY PETITION IN A U.S. BANKRUPTCY COURT OR THAT THE AWARD HAS BEEN DISCHARGED BY A U.S. BANKRUPTCY COURT. APPEALED TO THE SEC AND REQUESTED A STAY ON AUGUST 6, 2003. Summary: DUE TO MR. DIRK'S CURRENT SUSPENSION, THIS U4 AMENDEMENT WAS FILED BY THE FIRM(SKY CAPITAL LLC). ******** REGULATORY ACTION (3 of 5) ******** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/16/2002 Initiated By: NEW YORK STOCK EXCHANGE INC. Date initiated: 01/01/1967 Docket/ Case Number: UNKNOWN Employing Brokerage Firm: G.A. SAXTON INC. Allegations: THE NYSE ALLEGED THAT I PURCHASED AND SOLD SECURITIES WITHOUT THE USE OF A MEMBER ORGANIZATION. NASD BrokerCheck August 17, 2005 Page 7 This information is current as of: 08/17/2005 ________________________________________________________________________________ NASD Registered Person: RAYMOND LOUIS DIRKS CRD Number: 601699 REGULATORY ACTIONS(cont.) Current Status: Final Resolution: Decision Resolution Date: 01/01/1967 Sanctions Ordered: Censure Resolution Details: RECEIVED PENALTY OF CENSURE Summary: DOCUMENTATION NOT AVAILABLE ******** REGULATORY ACTION (4 of 5) ******** Reporting Source: Regulator (Form U-6) Date Reported: 04/02/2002 Initiated By: UNITED STATES SECURITIES AND EXCHANGE COMMISSION Date initiated: 08/25/1976 Docket/ Case Number: ND 76-166, ND 78-173 AND ND 81-16 Employing Brokerage Firm: DELAFTELD CHILDS, INC. Allegations: SEC ADMINISTRATIVE PROCEEDING CASE NO. ND 76-166, RELESE NO. 34-12733, DATED AUGUST 25, 1976: THE SEC ISSUED AN ORDER TO FILE A PUBLIC ADMINISTRATIVE PROCEEDING AGAINST RAYMOND DIRKS ("DIRKS"). THE SEC ALLEGED THAT RESPONDENT DIRKS WAS ENGAGED IN AIDING AND ABETTING OTHERS IN TRADING ON THE BASIS OF MATERIAL INSIDE INFORMATION IN VIOLATION OF THE ANTIFRAUD PROVISIONS OF THE SECURITIES LAWS. THE SEC FURTHER ALLEGED THAT RESPONDENT DIRKS RECEIVED INFORMATION FROM EQUITY FUNDING INSIDERS CONCERNING FRAUD WITHIN THE COMPANY AND THAT DIRKS TIPPED THE INFORMATION TO CERTAIN INVESTORS, WHO SOLD THEIR STOCK, PRIOR TO THE KNOWLEDGE BECOMING PUBLIC. Current Status: Final Resolution: Order Resolution Date: 03/29/1982 Sanctions Ordered: Censure Resolution Details: SEC ADMINISTRATIVE PROCEEDING CASE NO. ND 81-16, RELEASE NO. 34-17480, DATED JANUARY 26, 1981: SEC CENSURED RESPONDENT ON JANUARY 26, 1981. * SEC NEWS DIGEST ISSUE NO. 82-78, DATED APRIL 23, 1982: ON MARCH 29, 1982, THE COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT AFFIRMED THE SEC'S CENSURE OF DIRKS FOR AIDING AND ABETTING OTHERS IN TRADING ON THE BASIS OF MATERIAL INSIDE INFORMATION IN VIOLATION OF THE ANTIFRAUD PROVISIONS OF THE SECURITIES LAWS. Summary: SEC ADMINISTRATIVE PROCEEDING CASE NO. ND 78-173, DATED SEPTEMBER 6, 1978: INITIAL DECISION ISSUED AGAINST RESPONDENT SUSPENDING HIM FROM ASSOCIATION WITH A BROKER/DEALER FOR 60 DAYS. * THE SEC'S CENSURE WAS BASED ON FINDINGS THAT RESPONDENT DIRKS RECEIVED INFORMATION FROM EQUITY FUNDING INSIDERS CONCERNING FRAUD WITHIN THE COMPANY AND THAT DIRKS TIPPED THE INFORMATION TO CERTAIN INVESTORS, WHO SOLD THEIR STOCK, PRIOR TO THE KNOWLEDGE BECOMING PUBLIC. IN ITS JUDGEMENT, THE COURT OF APPEALS STATED THAT THERE WAS NO NEED FOR AN OPINION SINCE THE SEC DECISION WAS SOLIDLY BASED IN FACT AND LAW. *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/16/2002 Initiated By: U.S. SECURITIES AND EXCHANGE COMMISSION Date initiated: 08/25/1976 Docket/ Case Number: UNKNOWN Employing Brokerage Firm: DELAFIELD CHILDS, INC. NASD BrokerCheck August 17, 2005 Page 8 This information is current as of: 08/17/2005 ________________________________________________________________________________ NASD Registered Person: RAYMOND LOUIS DIRKS CRD Number: 601699 REGULATORY ACTIONS(cont.) Allegations: SEC ALLEGED THAT I VIOLATED ANTIFRAUD PROVISIONS FOR RECEIVING INFORMATION CONCERNING FRAUD WITHIN A COMPANY & PROVIDING THAT INFORMATION TO CERTAIN INVESTORS WHO SOLD THEIR STOCK BEFORE THE INFORMATION BECAME PUBLICLY AVAILABLE. Current Status: Final Resolution: Decision Resolution Date: 01/22/1981 Sanctions Ordered: Censure Resolution Details: THE SEC UPHELD PENALTY OF CENSURE BUT REJECTED 6 MONTH SUSPENSION IMPOSED BY ADMINISTRATIVE LAW JUDGE, 9-6-78. CENSURE WAS OVERTURNED BY THE U.S. SUPREME COURT, 463 U.S. 646 (JULY 1, 1983). Summary: THE SEC UPHELD PENALTY OF CENSURE BUT REJECTED 6 MONTH SUSPENSION IMPOSED BY ADMINISTRATIVE LAW JUDGE, 9-6-78. CENSURE WAS OVERTURNED BY THE U.S. SUPREME COURT, 463 U.S. 646 (JULY 1, 1983). ******** REGULATORY ACTION (5 of 5) ******** Reporting Source: Regulator (Form U-6) Date Reported: 04/02/2002 Initiated By: UNITED STATES SECURITIES AND EXCHANGE COMMISSION Date initiated: 10/13/1982 Docket/ Case Number: Employing Brokerage Firm: JOHN MUIR & CO. Allegations: SEC NEWS DIGEST ISSUE NO. 82-197, AND RELEASE NO. 34-19102, DATED OCTOBER 13, 1982: ADMINISTRATIVE PROCEEDINGS FILED AGAINST RAYMOND L. DIRKS ALLEGING VIOLATIONS OF THE SECURITIES LAWS IN CONNECTION WITH A COMPANY'S USE OF THE MAILS AND MEANS AND INSTRUMENTALITIES OF INTERSTATE COMMERCE TO EFFECT SECURITIES TRANSACTIONS WHILE FAILING TO COMPLY WITH BROKER-DEALER NET CAPITAL PROVISIONS OF THE EXCHANGE ACT. Current Status: Final Resolution: Order Resolution Date: 01/12/1987 Sanctions Ordered: Suspension Resolution Details: ADMINISTRATIVE LAW JUDGE ISSUED AN INITIAL DECISION WHICH BARRED RAYMOND DIRKS FROM ASSOCIATION WITH ANY BROKER-DEALER IN A SUPERVISORY, MANAGERIAL, FINANCIAL PRINCIPAL OR PROPRIETARY CAPACITY. * SEC NEW DIGEST ISSUE NO. 85-136, DATED JULY 16, 1985: THE SEC HAD CHANGED THE SANCTION IN WHICH RAYMOND L. DIRKS WAS SUSPENDED FROM ASSOCIATION WITH ANY BROKER OR DEALER IN A PROPRIETARY OR SUPERVISORY CAPACITY FOR A PERIOD OF SIX MONTHS. * LITIGATIONS ACTIONS AND PROCEEDINGS BULLETIN, VOLUME 53, BULLETIN 1, PAGE 12 DISCLOSES: ON JULY 5, 1986, THE SIX-MONTH SUSPENSION WAS STAYED PENDING DIRKS' APPEAL TO THE USCA OF COLORADO CIRCUIT COURT. * SEC NEWS DIGEST ISSUE NO. 87-4, DATED JANUARY 7, 1987: THE COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT AFFIRMED THE SEC'S ORDER. THE ORDER OF SUSPENSION IS EFFECTIVE AT BUSINESS OPENING ON JANUARY 12, 1987. Summary: SEC FOUND THAT RESPONDENT DERELICT IN FULFILLING MANAGERIAL RESPONSIBILITIES AND SHARED RESPONSIBILITY FOR COMPANY'S FINANCIAL COLLAPSE THAT LED TO THE APPOINTMENT OF A SIPC TRUSTEE TO LIQUIDATE THE FIRM IN AUGUST 1981. THE SEC FOUND THAT, AFTER HAVING BEEN WARNED OF THE COMPANY'S SEVERE CASH FLOW PROBLEM, DIRKS FAILED TO FULFILL HIS DUTY TO MONITOR THE COMPANY'S SITUATION CLOSELY AND TAKE OR DEMAND NECESSARY ACTION TO AVERT COMPANY'S FINANCIAL COLLAPSE. (REL. SIPC-132). *********************************** Reporting Source: Individual Broker (Form U-4) NASD BrokerCheck August 17, 2005 Page 9 This information is current as of: 08/17/2005 ________________________________________________________________________________ NASD Registered Person: RAYMOND LOUIS DIRKS CRD Number: 601699 REGULATORY ACTIONS(cont.) Date Reported: 08/16/2002 Initiated By: U.S. SECURITIES AND EXCHANGE COMMSSION Date initiated: 10/04/1982 Docket/ Case Number: 26 SEC DOCKET 372, 33 SEC DOCKET 907 Employing Brokerage Firm: JOHN MUIR & CO Allegations: THE SEC ALLEGED THAT I AND ANOTHER PARTNER WERE RESPONSIBLE FOR THE FINANCIAL DEMISE AND SIPC LIQUIDATION OF JOHN MUIR & CO. AND THAT WE AIDED AND ABETTED THE FIRM'S NET CAPITAL VIOLATIONS. Current Status: Final Resolution: Decision Resolution Date: 10/10/1986 Sanctions Ordered: Suspension Resolution Details: THE SEC ADMINISTRATIVE LAW JUDGE AFFIRMED THE SEC'S ALLEGATIONS AND BARRED ME FROM ASSOCIATION WITH ANY BROKER OR DEALER IN A SUPERVISORY OR PROPRIETARY CAPACITY. ON APPEAL, THE SEC DISMISSED THE FINDING OF AIDING AND ABETTING NET CAPITAL VIOLATIONS AND REDUCED THE PENALTY TO A 6 MONTH SUSPENSION IN A SUPERVISORY OR PROPRIETARY CAPACITY. PENALTY WAS BASED ON MY ROLE IN MUIR'S FINANCIAL COLLAPSE. THE SEC ORDER WAS AFFIRMED BY THE U.S. COURT OF APPEALS FOR THE D.C. CIR. IN OCTOBER 1986. Summary: THE SEC ADMINISTRATIVE LAW JUDGE AFFIRMED THE SEC'S ALLEGATIONS AND BARRED ME FROM ASSOCIATION WITH ANY BROKER OR DEALER IN A SUPERVISORY OR PROPRIETARY CAPACITY. ON APPEAL, THE SEC DISMISSED THE FINDING OF AIDING AND ABETTING NET CAPITAL VIOLATIONS AND REDUCED THE PENALTY TO A 6 MONTH SUSPENSION IN A SUPERVISORY OR PROPRIETARY CAPACITY. PENALTY WAS BASED ON MY ROLE IN MUIR'S FINANCIAL COLLAPSE. THE SEC ORDER WAS AFFIRMED BY THE U.S. COURT OF APPEALS FOR THE D.C. CIR. IN OCTOBER 1986. NASD BrokerCheck August 17, 2005 Page 10 This information is current as of: 08/17/2005 ________________________________________________________________________________ NASD Registered Person: RAYMOND LOUIS DIRKS CRD Number: 601699 ******************************************************************************** CIVIL JUDICIAL ACTIONS ******************************************************************************** DISCLOSURE INFORMATION This section contains information regarding civil judicial actions that were reported to CRD. These actions are disclosable through NASD BrokerCheck and include injunctions issued by a foreign or domestic court in connection with investment-related activity, a finding by a domestic or foreign court of a violation of any investment-related statute(s) or regulation(s), and actions dismissed by a domestic or foreign court pursuant to a settlement agreement. Some of the fields in this section of the report may be blank if the information was not provided to CRD. ** OCCURRENCE COUNTS ** 1 Record(s) ******************************************************************************** ** FIELD DEFINITIONS ** * Reporting Source: The form through which details of the civil judicial action was reported to CRD. * Date Reported: The date the civil judicial action was reported to CRD. * Initiated By: The party that initiated the civil judicial action (e.g., regulator, foreign financial regulatory authority, self-regulatory organization, commodities exchange, etc.). * Date Initiated: Date the civil judicial action was initiated or filed. * Court Details: Details regarding the court the action was brought in (e.g., name and location of court, docket/case number, etc.). * Employing Brokerage Firm: Brokerage Firm where individual broker was employed when activity occurred that led to the civil judicial action. * Allegations: Allegations made against the individual broker leading to the civil judicial action. * Current Status: The current status of the civil judicial action (i.e., pending, on appeal or final). * Resolution: The resolution of the civil judicial action (e.g., consent, dismissed, judgment rendered, settled, withdrawn, etc.). * Resolution Date: The date the civil judicial action was resolved. * Sanction Details: Additional details regarding any sanctions ordered. * Summary: Details of the circumstances related to the civil judicial action. ******************************************************************************** ****** CIVIL JUDICIAL ACTION (1 of 1) ****** Reporting Source: Regulator (Form U-6) Date Reported: 04/02/2002 Initiated By: UNITED STATES SECURITIES AND EXCHANGE COMMISSION ("SEC") Date Initiated: 06/16/1983 Court Details: THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK - [SEC VS. RAYMOND L. DIRKS, ET AL., CASE NO. 82 CIVIL 1166, S.D.N.Y. (WCC)] Employing Brokerage Firm: Allegations: SEC NEWS DIGEST ISSUE NO. 83-116 AND LITIGATION RELEASE NO. 10037, DATED JUNE 16, 1983: THE SEC ALLEGED THAT RAYMOND LOUIS DIRKS ("DIRKS") HAD WILFULLY VIOLATED THE ANTIFRAUD PROVISIONS OF THE SECURITIES LAWS IN THE UNDERWRITING AND PUBLIC OFFERING OF A COMPANY. Current Status: Final Resolution: Judgment Rendered NASD BrokerCheck August 17, 2005 Page 11 This information is current as of: 08/17/2005 ________________________________________________________________________________ NASD Registered Person: RAYMOND LOUIS DIRKS CRD Number: 601699 CIVIL JUDICIAL ACTIONS(cont.) Resolution Date: 06/16/1983 Sanctions Ordered: Disgorgement/Restitution Other Sanctions: SUBMIT AN ACCOUNTING Resolution Details: THE COURT ORDERED THAT DEFENDANT DIRKS SUBMIT AN ACCOUNTING AND DISGORGE ALL PROCEEDS OBTAINED. Summary: THE SEC ANNOUNCED THAT THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK FOUND, FOLLOWING A TRIAL ON THE MERITS, THAT DEFENDANT DIRKS HAD WILFULLY VIOLATED THE ANTIFRAUD PROVISIONS OF THE SECURITIES LAWS IN THE UNDERWRITING AND PUBLIC OFFERING OF A COMPANY. THE COURT DECLINED TO ISSUE AN ORDER OF INJUNCTION AGAINST DEFENDANT DIRKS. *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/28/2002 Initiated By: SECURITIES AND EXCHANGE COMMISSION Date Initiated: 02/25/1982 Court Details: U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK; 82 CIV. 1166 (WCC) Employing Brokerage Firm: JOHN MUIR & CO. Allegations: THE SEC ALLEGED THAT, AS LIMITED PARTNER OF UNDERWRITER OF STOCK OFFERING OF REINSURANCE CORPORATION, I VIOLATED THE ANTI-FRAUD PROVISIONS OF THE FEDERAL SECURITIES LAWS BY CAUSING THE SECURITIES OF THE REINSURANCE CORPORATION TO BE SOLD PURSUANT TO A MATERIALLY MISLEADING PROSPECTUS. Current Status: Final Resolution: Judgment Rendered Resolution Date: 06/14/1983 Sanctions Ordered: Disgorgement/Restitution Resolution Details: DOCUMENTATION NOT AVAILABLE Summary: THE LOWER COURT MADE A FINDING OF LIABILITY AND ENTERED AN ORDER OF DISGORGEMENT, BUT DECLINED TO ISSUE AN INJUNCTION AGAINST ME (SEC V. SCOTT, 565 F.SUPP. 1513 (1983)). THIS DECISION WAS UPHELD ON APPEAL (SEC V. CAYMAN ISLANDS REINSURANCE CORP., LTD., ET AL., 734 F.2D 118 (2D CIR 1984)). NASD BrokerCheck August 17, 2005 Page 12 This information is current as of: 08/17/2005 ________________________________________________________________________________ NASD Registered Person: RAYMOND LOUIS DIRKS CRD Number: 601699 ******************************************************************************** TERMINATIONS ******************************************************************************** DISCLOSURE INFORMATION This section contains information regarding employment terminations that were reported to CRD. These events are disclosable through NASD BrokerCheck and include terminations that resulted in a voluntary resignation, discharge, or permission to resign after allegations were made that accused the individual broker of violating investment-related statutes, regulations, rules or industry standards of conduct, fraud or the wrongful taking of property, or failure to supervise in connection with investment-related statutes, regulations, rules or industry standards of conduct. Some of the fields in this section of the report may be blank if the information was not provided to CRD. ** OCCURRENCE COUNTS ** 1 Record(s) ******************************************************************************** ** FIELD DEFINITIONS ** * Reporting Source: The form through which details of the employment termination was reported to CRD. * Date Reported: The date the employment termination was reported to CRD. * Brokerage Firm Name: Name of the brokerage firm from which the individual was terminated. * Termination Type: Type of termination (e.g., voluntary resignation, permitted to resign, or discharged). * Termination Date: Date employment was terminated. * Allegations: Allegations made against the individual broker leading to the employment termination. * Summary: Details of the circumstances related to the termination. ******************************************************************************** *********** TERMINATION (1 of 1) *********** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/16/2002 Brokerage Firm Name: COLEMAN & CO. Termination Type: Voluntary Resignation Termination Date: 10/16/1995 Allegations: MISAPPROPRIATION OF FUNDS Summary: COLEMAN ALLEGED THAT MONIES PAID TO RAY DIRKS PURSUANT TO LETTERS OF INTENT SHOULD HAVE BEEN PAID TO COLEMAN & CO. NASD BrokerCheck August 17, 2005 Page 13 This information is current as of: 08/17/2005 ________________________________________________________________________________ NASD Registered Person: RAYMOND LOUIS DIRKS CRD Number: 601699 ******************************************************************************** CUSTOMER COMPLAINTS ******************************************************************************** DISCLOSURE INFORMATION This section contains information regarding customer complaints that were reported to CRD. These events are disclosable through NASD BrokerCheck and include consumer-initiated, investment-related arbitration proceedings or civil suits which contain allegations of sales practice violations against the individual broker and are either pending, resulted in an award against the individual broker, or were settled for $10,000 or more. Customer complaint events also include consumer-initiated, investment-related complaints which contain allegations of sales practice violations against the individual broker and which were settled for $10,000 or more, as well as consumer-initiated, investment-related written complaints filed within the past twenty-four months which contain either allegations of sales practice violations and damages of $5,000 or allegations of forgery, theft, or misappropriation of funds or securities. Some of the fields in this section of the report may be blank if the information was not provided to CRD. The customer complaints listed in this report may include allegations that have been filed with a brokerage firm, an arbitration forum, or a court, but that have not been verified or proven to be true. Therefore, you should not assume that all allegations that may be contained in this report are true or will be proven to be true. NASD encourages you to discuss any concerns you may have with the information contained in this report with your brokerage firm or individual broker, who can provide you with any further information that you may require. ** OCCURRENCE COUNTS ** 2 Record(s) ******************************************************************************** ** FIELD DEFINITIONS ** * Reporting Source: The form through which details of the customer complaint was reported to CRD. * Date Reported: The date the customer complaint was reported to CRD. * Date Received: Date the complaint was received at the brokerage firm or filed as an arbitration or civil suit. * Employing Brokerage Firm: Brokerage Firm where individual broker was employed when activity occurred that led to the complaint. * Allegations: Allegations made against the individual broker leading to the customer complaint. * Alleged Damages: Alleged dollar amount of compensatory damages sought by the customer. * Action Pending?: An indication (i.e., yes or no) as to whether the complaint is still pending. * Status: Status of complaint if not pending (e.g., closed, resulted in no action taken, withdrawn, denied, settled, resulted in an arbitration or litigation, etc.). * Resolution Date: Date associated with the status of the complaint. Will be blank if complaint is still pending. * Settlement Amount: The dollar amount the brokerage firm and/or individual broker paid the customer to satisfy the claim. * Individual Contribution: The dollar amount the indvidual broker contributed to the settlement amount. * Arbitration/Reparation DetThe name of the self-regulatory organization/agency where the claim was filed and the claim 's docket case number. * Service Date: The date the brokerage firm/individual broker received notice of the claim or the date Service of Process for the claim was received. * Pending?: An indication (i.e., yes or no) as to whether the claim is still pending. * Monetary Compensation: The dollar amount the individual broker paid in accordance with an arbitration/civil litigation award, settlement, or reparation. NASD BrokerCheck August 17, 2005 Page 14 This information is current as of: 08/17/2005 ________________________________________________________________________________ NASD Registered Person: RAYMOND LOUIS DIRKS CRD Number: 601699 CUSTOMER COMPLAINTS(cont.) * Disposition: Details of the disposition of the arbitration, reparation or litigation if status of the complaint indicates either arbitration, reparation or litigation. * Disposition Date: The disposition date of the arbitration, reparation or litigation. * Summary: Details related to the circumstances of the complaint. ******************************************************************************** ******** CUSTOMER COMPLAINT (1 of 2) ******** Reporting Source: Regulator (Form U-6) Date Reported: 03/17/2003 Case Filed With: NASD Date Initiated: 12/15/2000 Case Number: 00-05558 Employing Brokerage Firm: Allegations: UNAUTHORIZED TRADING, FRAUD, CHURNING Alleged Damages: $474,500.00 Pending?: No Disposition: Award Disposition Date: 02/24/2003 Disposition Details: AWARD: RESPONDENT IS LIABLE, JOINTLY AND SEVERALLY, AND SHALL PAY TO CLAIMANT THE SUM OF $50,000.00 AS COMPENSATORY DAMAGES, PLUS INTEREST. *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 06/17/2004 Date Received: 02/14/2001 Employing Brokerage Firm: DIRKS & CO. INC. Allegations: ALLEGED UNAUTHORIZED TRADING IN APRIL 1999 Alleged Damages: $255,000.00 Action Pending?: No Resolution: Arbitration/Reparation Resolution Date: 02/14/2001 Arbitration/Reparation Details: NASD 00-05558 Service Date: 02/14/2001 Pending?: No Disposition: Award to Customer Disposition Date: 02/24/2003 Monetary Compensation Amount: $50,000.00 Individual Contribution Amount: $0.00 Disposition Details: NASD BrokerCheck August 17, 2005 Page 15 This information is current as of: 08/17/2005 ________________________________________________________________________________ NASD Registered Person: RAYMOND LOUIS DIRKS CRD Number: 601699 CUSTOMER COMPLAINTS(cont.) ******** CUSTOMER COMPLAINT (2 of 2) ******** Reporting Source: Regulator (Form U-6) Date Reported: 06/05/2001 Case Filed With: NASD Date Initiated: 09/28/1999 Case Number: 99-04430 Employing Brokerage Firm: Allegations: >06/05/01 BREACH OF CONTRACT, NEGLIGENCE, UNSUITABILITY, UNAUTHORIZED TRADING, MISREPRESENTATION, BREACH OF TRUST Alleged Damages: $167,500.00 Pending?: No Disposition: Award Disposition Date: 05/04/2001 Disposition Details: RESPONDENT BE AND HEREBY IS LIABLE FOR AND SHALL PAY TO CLAIMANT THE SUM OF $59,510.00 AS COMPENSATORY DAMAGES PLUS INTEREST. *********************************** Reporting Source: Individual Broker (Form U-4) Date Reported: 08/16/2002 Date Received: 09/28/1999 Employing Brokerage Firm: NATIONAL SECURITIES CORP. Allegations: BREACH OF CONTRACT, NEGLIGENCE, UNSUITABILITY, UNAUTHORIZED TRADING, MISREPRESENTATION, BREACH OF TRUST, FAILURE TO SUPERVISE Alleged Damages: $167,500.00 Action Pending?: No Individual Contribution: $0.00 Resolution: Arbitration/Reparation Resolution Date: 05/04/2001 Arbitration/Reparation Details: NASD 99-04430 Service Date: 09/28/1999 Pending?: No Disposition: Award to Customer Disposition Date: 05/04/2001 Monetary Compensation Amount: $59,510.00 Individual Contribution Amount: $0.00 Disposition Details: NASD BrokerCheck August 17, 2005 Page 16 |