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Microcap & Penny Stocks : BNEZ Facts Thread: Ben Ezra, Weinstein and Company, Inc.
BNEZ 0.00Sep 18 5:00 PM EST

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To: Ellen who wrote (37)12/16/1998 5:43:00 PM
From: Ellen   of 86
 
FAHN - last part

12/15/98: 12/02/93 NASD ARBITRATION

SUBJECT OF AN NASD ARBITRATION. THE ARBITRATION INVOLVED A PUBLIC CUSTOMER

AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S): OMISSION OF FACTS;

MISREPRESENTATION; SUITABILITY. THE AWARD INCLUDED: ACTUAL/COMPENSATORY

DAMAGES, AMOUNT ASKED BY CUSTOMER-$10,000.00; OTHER COSTS, AMOUNT ASKED BY

CUSTOMER-$0.00; ATTORNEY'S FEES, AMOUNT ASKED BY CUSTOMER-$0.00;

PUNITIVE/EXEMPLARY DAMAGES, AMOUNT ASKED BY CUSTOMER-$0.00. RELIEF REQUESTS

HAVE BEEN DENIED IN FULL. [NASD ARBITRATION CASE NO. 93-04305]

12/15/98: 11/15/93 NASD FINE

ACCEPTANCE, WAIVER AND CONSENT FILED AUGUST 12, 1993; FAHNESTOCK & CO., INC.

(MEMBER FIRM) WAS FINED $250.00 BY THE NASD FOR VIOLATIONS OF ARTICLE III,

SECTION 1 OF THE ASSOCIATION'S RULES OF FAIR PRACTICE IN THAT CERTAIN

INDIVIDUALS UPDATED QUOTATIONS IN THE BULLETIN BOARD SYSTEM OUTSIDE THE

ALLOWABLE TIME FOR UPDATING FOREIGN OR ADR SECURITIES ON THE BULLETIN BOARD.

[NASD COMPLAINT NO. CMS930042 AWC]

12/15/98: 5/05/93 IOWA FINE

ORDERED TO PAY A CIVIL PENALTY OF $500 BY THE STATE OF IOWA WHICH THE STATE

ALLEGED THE FIRM FILED AUDITED FINANCIALS LATE.

12/15/98: 3/02/93 NYSE ARBITRATION

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SUBJECT OF A NEW YORK STOCK EXCHANGE ARBITRATION AWARD. THE ARBITRATION

INVOLVED A PUBLIC CUSTOMER AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S):

UNAUTHORIZED TRADES AND OVERCHARGED OF COMMISSIONS. THE AWARD INCLUDED:

ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER $24,238.03, AMOUNT

AWARDED TO CUSTOMER $2,700.00 AND DEPOSIT OF $400.00 PLUS FILING FEE OF

$120.00. [NYSE ARBITRATION CASE NO. 1992-002532]

12/15/98: 1/06/93 GEORGIA CEASE AND DESIST ORDER

THE STATE OF GEORGIA ISSUED A CEASE AND DESIST ORDER AGAINST THE FIRM FOR

FAILURE TO SUPERVISE THEIR SALESMEN, ALLOWING THEM TO OFFER FOR SALE

SECURITIES TO RESIDENTS OF THE STATE OF GEORGIA PRIOR TO BECOMING REGISTERED

WITH THE COMMISSIONER OF SECURITIES. [DOCKET/CASE NO. 50-92-0505]

12/15/98: 12/22/92 NASD ARBITRATION

SUBJECT OF AN NASD ARBITRATION AWARD. THE ARBITRATION INVOLVED A PUBLIC

CUSTOMER AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S): SUITABILITY;

CHURNING; BRCH OF FIDUCIARY DT; ACCOUNT RELATED - FAILURE TO SUPERVISE. THE

AWARD INCLUDED: ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY

CUSTOMER-$50,000.00, AMOUNT AWARDED TO CUSTOMER-$50,000.00 JOINTLY AND

SEVERALLY. [NASD ARBITRATION CASE NO. 91-03843]

12/15/98: 12/21/92 NYSE ARBITRATION

SUBJECT OF A NEW YORK STOCK EXCHANGE ARBITRATION. THE ARBITRATION INVOLVED A

PUBLIC CUSTOMER AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S):

MISREPRESENTATIONS, UNSUITABLE INVESTMENTS, FAILURE TO FOLLOW CUSTOMER'S

INSTRUCTIONS AND SELF DEALING. ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY

CUSTOMER $19,160.00, CUSTOMER'S CLAIM IS DENIED. [NYSE ARBITRATION CASE NO.

1992-002597]

12/15/98: 10/05/92 GEORGIA CEASE AND DESIST ORDER

THE FIRM WAS ORDERED BY THE GEORGIA SECURITIES COMMISSION TO CEASE AND DESIST

ALL OFFERS FOR SALE AND SALES IN AND FROM THE STATE OF GEORGIA IN VIOLATION OF

THE STATE SECURITIES ACT OF 1973 AS AMENDED. [GEORGIA DOCKET CASE NO.

50-92-0505]

12/15/98: 6/30/92 NASD ARBITRATION

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SUBJECT OF AN NASD ARBITRATION AWARD. THE ARBITRATION INVOLVED A PUBLIC

CUSTOMER AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S): EXECUTIONS-FAILURE

TO EXECUTE; MISREPRESENTATION; ACCOUNT RELATED-ERRORS-CHARGES. THE AWARD

INCLUDED: ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$120,000.00,

AMOUNT AWARDED TO CUSTOMER-$60,000.00 JOINTLY AND SEVERALLY. [NASD ARBITRATION

CASE NO. 91-03675]

12/15/98: 6/26/92 NYSE CENSURE AND FINE

CONSENT ORDER; FAHNESTOCK & CO., INC. (FORMERLY KNOWN AS EDWARD A. VINER &

CO., INC.) WAS CENSURED AND FINED FOR $200,000 AND AN UNDERTAKING BY THE NEW

YORK STOCK EXCHANGE FOR VIOLATION OF THE FOLLOWING SECURITIES EXCHANGE RULES:

VIOLATED SECURITIES AND EXCHANGE COMMISSION (SEC) REGULATION 240.15C3-1 BY

COMPUTING ITS NET CAPITAL INACCURATELY; VIOLATED REGULATION 240.15C3-3(E) IN

THAT IT INCORRECTLY COMPUTED THE AMOUNT REQUIRED TO BE DEPOSITED INTO ITS

SPECIAL RESERVE BANK ACCOUNT, AND FAILED TO MAINTAIN ITS SPECIAL RESERVE

ACCOUNT AT THE LEVEL REQUIRED BY THE REGULATION; VIOLATED REGULATION

240.15C3-3(I) IN THAT IT FAILED TO NOTIFY THE SEC AND THE EXCHANGE THAT IT

FAILED TO DESPOSIT THE AMOUNT REQUIRED TO BE DEPOSITED IN ITS SPECIAL RESERVE

ACCOUNT; VIOLATED REGULATION 240.15C3-3(B)(1) IN THAT IT DID NOT OBTAIN AND

MAINTAIN THE PHYSICAL POSSESSION OR CONTROL OF FULLY PAID AND EXCESS MARGIN

SECURITIES; VIOLATED REGULATION 240.15C3-3(D) IN THAT IT FAILED TO REDUCE TO

ITS POSSESSION OR CONTROL THE REQUIRED QUANTITY OF FULLY PAID AND EXCESS

MARGIN SECURITIES; VIOLATED REGULATION 240.15C3-3(M) IN THAT IT FAILED TO

PURCHASE IMMEDIATELY SECURITIES OF LIKE KIND TO THOSE SOLD BY A CUSTOMER AND

NOT OBTAINED FROM THE CUSTOMER WITHIN TEN DAYS AFTER SETTLEMENT DATE; VIOLATED

240.17A-3 IN THAT ITS CNS AND/OR SOME OTHER ACCOUNTS HAD NOT BEEN RECONCILED

ON A CURRENT BASIS; VIOLATED RULE 382(A) BY ENTERING INTO A CARRYING AGREEMENT

WITH ANOTHER BROKER WHICH AGREEMENT BECAME EFFECTIVE PRIOR TO BEING SUBMITTED

TO THE EXCHANGE; VIOLATED RULE 401 IN THAT IT: ENTERED INTO AN AGREEMENT TO

CARRY ACCOUNTS WHEN IT LACKED THE CAPACITY TO CLEAR THE ADDITIONAL BUSINESS,

PERMITTED CERTAIN CUSTOMERS TO ENGAGE IN OTC TRANSACTIONS AT PRICES NOT

REASONABLY RELATED TO PREVAILING MARKETS AND DID NOT HAVE PROCEDURES TO DETECT

OR PREVENT SUCH TRANSACTIONS, DID NOT HAVE PROCEDURES DESIGNED TO BRING

CERTAIN PRACTICES TO THE ATTENTION OF SENIOR MANAGEMENT, PERMITTED OPTION

TRADING IN ACCOUNTS WHICH HAD NOT BEEN PROPERLY APPROVED, IMPROPERLY CANCELLED

AND/OR REBILLED A PURCHASE TRANSACTIONS, AND PERMITTED TWO SUPERVISORY PERSONS

TO APPROVE ACCOUNT DESIGNATION CHANGES FOR ORDERS THEY ENTERED; VIOLATED RULE

431(A) BY PERMITTING A CUSTOMER TO EFFECT NEW TRANSACTIONS WITHOUT A REQUIRED

DEPOSIT OF FUNDS; VIOLATED RULE 431(B) BY PERMITTING CUSTOMERS TO MAINTAIN AN

INADEQUATE LEVEL OF MARGIN; VIOLATED RULE 431(D)(9) IN THAT CUSTOMERS EFFECTED

CASH TRANSACTIONS WHERE THE COST OF SECURITIES PURCHASED WAS MET BY THE SALE

OF THE SAME SECURITIES; VIOLATED RULE 432(B) IN THAT CUSTOMERS EFFECTED

TRANSACTIONS REQUIRING MARGIN AND THEN FURNISHED THE MARGIN BY LIQUIDATION OF

COMMITMENTS; VIOLATED REGULATION 240.4(C) OF REGULATION T BY PERMITTING

CUSTOMERS TO DEFER THE FURNISHING OF MARGIN; VIOLATED REGULATION 240.4(D) BY

FAILING TO TAKE APPROPRIATE LIQUIDATION ACTION; VIOLATED REGULATION 220.8(B)

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BY FAILING TO OBTAIN FULL CASH PAYMENT IN CASH ACCOUNTS ON TIME; VIOLATED

REGULATION 220.8(B)(4) BY FAILING TO TAKE APPROPRIATE LIQUIDATION ACTION;

VIOLATED REGULATION 220.8(C) BY FAILING TO WITHDRAW THE PRIVILEGE OF DELAYING

PAYMENT BEYOND TRADE DATE AS REQUIRED; VIOLATED RULE 410 BY PERMITTING A

CHANGE IN ACCOUNT DESIGNATION WITHOUT RECORDING THE REASON FOR THE CHANGE;

VIOLATED RULE 405 IN THAT DOCUMENTS WERE MISSING FROM ITS NEW ACCOUNT

DEPARTMENT; VIOLATED RULE 410(A) BY PERMITTING ACCOUNT DESIGNATION CHANGES TO

BE AUTHORIZED BY A PERSON WHO WAS NOT QUALIFIED AS A C SUPERVISORY PERSON;

VIOLATED RULE 722(C) BY FAILING TO MAINTAIN REQUIRED OPTION DOCUMENTATION AT A

BRANCH OFFICE; VIOLATED RULE 722(D) IN THAT IT TRANSACTED OPTIONS BUSINESS

WITH THE PUBLIC FROM A BRANCH OFFICE, THE PRINCIPAL SUPERVISOR OF WHICH, WAS

NOT A REGISTERED OPTIONS PRINCIPAL; VIOLATED RULE 342(A) IN THAT IT FAILED TO

PROPERLY SUPERVISE CERTAIN OF ITS BUSINESS ACTIVITY AND CARRIED DISCRETIONARY

ACCOUNTS NOT SUBJECT TO THE DESIGNATED SUPERVISORY REVIEWS OF SUCH ACCOUNTS;

AND VIOLATED RULE 342(B) BY FAILING TO PROVIDE APPROPRIATE SUPERVISION AND

CONTROL AND FAILING TO HAVE IN PLACE A SEPARATE SYSTEM OF FOLLOW UP AND

REVIEW. [NEW YORK STOCK EXCHANGE DOCKET/CASE NO. 92-68]

12/15/98: 6/05/92 AMEX ARBITRATION

SUBJECT OF AN AMERICAN STOCK EXCHANGE ARBITRATION. THE ARBITRATION INVOLVED A

PUBLIC CUSTOMER AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S): FAILURE TO

SELL CERTAIN STOCK. ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY

CUSTOMER-$7,208.54; CLAIMS AGAINST THE FIRM WERE DENIED.

12/15/98: 5/12/92 NASD ARBITRATION

SUBJECT OF AN NASD ARBITRATION. THE ARBITRATION INVOLVED A PUBLIC CUSTOMER

AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S): UNAUTHORIZED TRADING;

SUITABILITY. THE AWARD INCLUDED: ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY

CUSTOMER-$11,925.00; SPECIFIC PERFORMANCE, AMOUNT ASKED BY CUSTOMER-;

ATTORNEY'S FEES, AMOUNT ASKED BY CUSTOMER-$0.00; OTHER COSTS, AMOUNT ASKED BY

CUSTOMER-$0.00. RELIEF REQUESTS HAVE BEEN DENIED IN FULL. [NASD ARBITRATION

CASE NO. 91-00792]

12/15/98: 1/30/92 NASD ARBITRATION

SUBJECT OF AN NASD ARBITRATION AWARD. THE ARBITRATION INVOLVED A PUBLIC

CUSTOMER AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S): ACCOUNT

RELATED-ERRORS-CHARGES; TRADING DISPUTES-BUY IN. THE AWARD INCLUDED:

ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$101,053.22, AMOUNT

AWARDED TO CUSTOMER-$44,189.00 JOINTLY AND SEVERALLY. [NASD ARBITRATION CASE

NO. 90-00521]

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12/15/98: 12/21/91 NYSE ARBITRATION

SUBJECT OF A NEW YORK STOCK EXCHANGE ARBITRATION. THE ARBITRATION INVOLVED A

PUBLIC CUSTOMER AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S):

UNSUITABILITY; FRAUD; FAILURE TO SUPERVISE; NEGLIGENT MISREPRESENTATION.

ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$89,629.00; CUSTOMER'S

CLAIMS WERE DISMISSED. [NYSE ARBITRATION CASE NO. 001077]

12/15/98: 12/12/91 NYSE ARBITRATION

SUBJECT OF A NEW YORK STOCK EXCHANGE ARBITRATION. THE ARBITRATION INVOLVED A

PUBLIC CUSTOMER AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S):

UNSUITABILITY, FRAUD, FAILURE TO SUPERVISE AND NEGLIGENT MISREPRESENTATION.

ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER $89,629.00, CUSTOMER'S

CLAIM IS DISMISSED. [NYSE ARBITRATION CASE NO. 1991-001077]

12/15/98: 7/19/91 CBOE ARBITRATION

SUBJECT OF A CHICAGO BOARD OPTIONS EXCHANGE (CBOE) ARBITRATION AWARD. THE

ARBITRATION INVOLVED A PUBLIC CUSTOMER AND WAS FILED BECAUSE OF THE FOLLOWING

DISPUTE(S): CUSTOMER SEEKS TO RECOVER MONEY DUE TO THE ACTIONS, OMISSIONS OR

ERRORS OF THE RESPONDENTS. THE AWARD INCLUDED: ACTUAL/COMPENSATORY DAMAGES,

AMOUNT AWARDED TO CUSTOMER $3,808.75. [CBOE DOCKET/CASE NO. 91 NM 2]

12/15/98: 5/18/90 NASD ARBITRATION

SUBJECT OF AN NASD ARBITRATION AWARD. THE ARBITRATION INVOLVED A PUBLIC

CUSTOMER AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S): ACCOUNT

RELATED-OTHER. THE AWARD INCLUDED: ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED

BY CUSTOMER-$34,505.00, AMOUNT AWARDED TO CUSTOMER-$30,255.00; OTHER COSTS,

AMOUNT ASKED BY CUSTOMER-$0.00, AMOUNT AWARDED TO CUSTOMER-$500.00. [NASD

ARBITRATION CASE NO. 89-01049]

12/15/98: 3/19/90 NYSE ARBITRATION

SUBJECT OF A NEW YORK STOCK EXCHANGE ARBITRATION AWARD. THE ARBITRATION

INVOLVED A PUBLIC CUSTOMER AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S):

UNAUTHORIZED LIQUIDATION OF CUSTOMER'S MARGIN ACCOUNT WHICH RESULTED IN LOSSES

17

OF SUBSEQUENT APPRECIATION GAINS AND ADDITIONAL BROKERAGE FEES. THE AWARD

INCLUDED: ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER $17,873.57

PLUS COSTS AND BROKERAGE FEES, AMOUNT AWARDED TO CUSTOMER $11,526.00 INCLUSIVE

OF INTEREST THROUGH THIS DATE. [NYSE ARBITRATION CASE NO. 1990]

12/15/98: 11/09/89 NASD ARBITRATION

SUBJECT OF AN NASD ARBITRATION. THE ARBITRATION INVOLVED A PUBLIC CUSTOMER

AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S): EXECUTIONS-FAILURE TO

EXECUTE; ACCOUNT RELATED-MARGIN CALLS. THE AWARD INCLUDED:

ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$152,713.45; OTHER

COSTS, AMOUNT ASKED BY CUSTOMER-$0.00. RELIEF REQUESTS HAVE BEEN DENIED IN

FULL. [NASD ARBITRATION CASE NO. 88-01261]

12/15/98: 7/26/89 NASD ARBITRATION

SUBJECT OF AN NASD ARBITRATION. THE ARBITRATION INVOLVED A PUBLIC CUSTOMER

AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S): UNAUTHORIZED TRADING;

MISREPRESENTATION. THE AWARD INCLUDED: ACTUAL/COMPENSATORY DAMAGES, AMOUNT

ASKED BY CUSTOMER-$2,400.00. RELIEF REQUESTS HAVE BEEN DENIED IN FULL. [NASD

ARBITRATION CASE NO. 87-00711]

12/15/98: 3/10/89 NYSE FINE

THE FIRM WAS FINED $2,500 BY THE NEW YORK STOCK EXCHANGE FOR VIOLATION OF

EXCHANGE RULE 132.30 AND FAILED TO SUBMIT AUDIT TRAIL DATA TO QUALIFIED

CLEARING AGENCY REGARDING STOCK TRANSACTIONS FOR THE WEEKS OF AUGUST 1,

SEPTEMBER 12 AND OCTOBER 17, 1988.

12/15/98: 4/21/87 CBOE FINE

OFFER OF SETTLEMENT; FAHNESTOCK & CO., INC. (FIRM) [FORMERLY KNOWN AS EDWARD

A. VINER & CO.] WAS FINED $500 BY THE BUSINESS CONDUCT COMMITTEE OF THE

CHICAGO BOARD OPTIONS (CBOE) IN VIOLATION OF THE CBOE EXCHANGE RULES. THE CBOE

ALLEGED THAT FIRM FAILED TO SUBMIT TO THE EXCHANGE ON BEHALF OF ONE OF ITS

NON-MEMBER CUSTOMERS A CBOE EXERCISE ADVICE FORM FOR THE CUSTOMER'S EXERCISE

OF 400 STANDARD & POOR'S 100 STOCK INDEX ("OEX") AUG 220 CALL OPTION

CONTRACTS. ON AUGUST 13, 1986 VINER FAILED TO TIME STAMP THE INTERNAL EXERCISE

NOTICE IT PREPARED FOR THE EXERCISE OF THE OEX OPTION CONTRACTS REFERRED TO

ABOVE. THE ACTS, PRACTICES AND CONDUCT DESCRIBED ABOVE CONSTITUTE SEPARATE

VIOLATIONS OF EXCHANGE RULE 11.1 BY FIRM. [CBOE FILE NO. 87-0006]

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12/15/98: 12/09/86 NASD FINE

ACCEPTANCE, WAIVER AND CONSENT FILED DECEMBER 9, 1986; FAHNESTOCK & CO., INC.

[FORMERLY KNOWN AS EDWARD A. VINER & CO., INC.] (MEMBER FIRM) WAS FINED $1,000

BY THE NASD FOR VIOLATIONS OF PART I, SECTION C.3.(A) OF SCHEDULE D OF THE

ASSOCIATION'S BY-LAWS IN THAT MEMBER FIRM ENTERED QUOTATIONS I INTO THE NASDAQ

SYSTEM ON 9/29/86, 10/2/86, AND 10/3/86 THAT WERE NOT REASONABLY RELATED TO

THE PREVAILING MARKET. [NASD COMPLAINT NO. MS-456-AWC]

12/15/98: 4/06/82 NYSE FINE

STIPULATION OF FACTS AND CONSENT TO PENALTY; FINED $25,000 BY THE NEW YORK

STOCK EXCHANGE. WITHOUT ADMITTING OR DENYING THE EXCHANGE'S ALLEGATIONS, THE

FIRM CONSENTED TO THE FOLLOWING FINDINGS: THE FIRM VIOLATED EXCHANGE RULE

343(b) IN CONNECTION WITH SUPERVISION AND CONTROL OF THE ACTIVITIES OF ONE OF

ITS EMPLOYEES; VIOLATED EXCHANGE RULE 54 IN THAT IT PERMITTED AN EMPLOYEE WHO

WAS NOT A MEMBER OF THE EXCHANGE TO TRANSACT BUSINESS ON THE BOND FLOOR; AND

VIOLATED EXCHANGE RULE 120 IN THAT IT FAILED TO ADHERE TO THE PRINCIPLES OF

GOOD PRACTICES IN THE CONDUCT OF ITS BUSINESS AFFAIRS IN CONNECTION WITH THE

PURCHASES AND SALES OF CERTAIN BONDS. IN ADDITION TO THE $25,000 FINE, THE

FIRM CONSENTED TO ANCILLARY REQUIREMENTS WHEREBY IT AGREED TO (1) WITHDRAWAL

OF ITS EMPLOYEES FROM THE BOND FLOOR OF THE EXCHANGE; (2) PREPARATION,

ADOPTION AND CIRCULATION OF NEW WRITTEN POLICIES DESIGNED TO ASSURE COMPLIANCE

WITH ALL EXCHANGE RULES INVOLVING THE SUPERVISION OF THE ACTIVITIES OF

EMPLOYEES ENGAGED IN BOND TRADING; AND (3) ANNUAL REVIEW OF THE FIRM'S

COMPLIANCE POLICIES WITH RESPECT TO ON-FLOOR AND OFF-FLOOR BOND TRADING AND

PROCEDURES FOR TWO YEARS. [NYSE DECISION NOS. 82-30 AND 82-31]

12/15/98: 11/18/71 NASD CENSURE AND FINE

DECISION RENDERED IN COMPLAINT FILED 10/30/70 BY THE NASD AGAINST FAHNESTOCK &

CO., INC. (MEMBER FIRM) ON 1/13/71 WHEREIN MEMBER FIRM IS FINED $1,000 TO BE

FINAL 2/12/71. ON 2/12/71 COMPLAINT WAS CALLED BEFORE THE B/G FOR REVIEW. DBCC

DECISION IS STAYED. B/G DECISION RENDERED 10/1/71 WHEREIN FINDINGS MADE BY

DBCC ARE AFFIRMED BUT PENALTIES ARE INCREASED. MEMBER FIRM IS CENSURED AND

FINED $1,500. [NASD COMPLAINT NO. NY-1309]

12/15/98: 10/23/70 NASD CENSURE AND FINE

FAHNESTOCK & CO. WAS CENSURED ANF FINED $1200 BY THE NASD. [NASD COMPLAINT NO.

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NY-1234]

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