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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 5:53:00 PM
From: Ellen   of 86
 
MEMBER FIRM: WIEN SECURITIES CORP.

BD NUMBER: 10467

NASD Member Firm: WIEN SECURITIES CORP.

BD Number: 10467

12/15/98 SUMMARY INFORMATION

12/15/98: 11/24/97 NASD CENSURE AND FINE

ACCEPTANCE, WAIVER AND CONSENT; WIEN SECURITIES CORPORATION WAS CENSURED AND

FINED $22,500.00 BY THE NASD'S DEPARTMENT OF ENFORCEMENT AND THE NATIONAL

BUSINESS CONDUCT COMMITTEE. THE NASD ALLEGED SEPARATE AND DISTINCT VIOLATIONS

OF NASD MARKETPLACE RULES 4632(A), 4642(A) AND 6620 IN THAT THE FIRM FAILED TO

DESIGNATE AS LATE TO ACT 10 TRANSACTIONS IN CERTAIN SECURITIES, 21

TRANSACTIONS IN CERTAIN SECURITIES AND 19 TRANSACTIONS IN CERTAIN SECURITIES.

THE FIRM COMMITTED SEPARATE AND DISTINCT VIOLATIONS OF NASD CONDUCT RULE 2110

IN THAT THE FIRM DESIGNATED AS LATE TO ACT NINE TRANSACTIONS IN CERTAIN

SECURITIES AND 18 TRANSACTIONS IN CERTAIN SECURITIES. IN ADDITION, THE FIRM

COMMITTED SEPERATE AND DISTINCT VIOLATIONS OF NASD MARKETPLACE RULES 4632(A),

4642 (A) AND 6620(A) IN THAT THE FIRM IMPROPERLY DESIGNATED TO ACT THREE

TRANSACTIONS IN CERTAIN SECURITIES, TWO TRANSACTIONS IN CERTAIN SECURITIES AND

SIX TRANSACTIONS IN CERTAIN SECURITIES. FURTHERMORE, THE FIRM COMMITTED

SEPARATE AND DISTINCT VIOLATIONS OF THE SECURITIES EXCHANGE COMMISSION RULE

17A-4 AND NASD CONDUCT RULE 3110 IN THAT FOR THE PERIOD OF, ON OR ABOUT MAY

1994 THROUGH APRIL 1996, THE FIRM FAILED TO PRESERVE A MEMORANDUM OF EACH

BROKERAGE ORDER, AND OF ANY OTHER INSTRUCTION, GIVEN OR RECEIVED FOR THE

PURCHASE OR SALE OF SECURITIES, WHETHER EXECUTED OR UNEXECUTED; AND A

MEMORANDUM OF EACH PURCHASE AND SALE FOR THE ACCOUNT OF THE FIRM. FINALLY,

THE FIRM FAILED TO ESTABLISH, MAINTAIN AND ENFORCE WRITTEN SUPERVISORY

PROCEDURES REASONABLY DESIGNED TO ACHIEVE COMPLIANCE WITH THE APPLICABLE

SECURITIES LAWS AND REGULATIONS REGARDING TRADE REPORTING, RECORD KEEPING, THE

LIMIT ORDER PROTECTION INTERPRETATION AND CUSTOMER CONFIRMATIONS. THIS

CONSTITUTES A VIOLATION OF NASD CONDUCT RULES 2110 AND 3010***$22,500 PAID ON

2/20/98, INVOICE NO. 98-MS-103***[NASD COMPLAINT# CMS970054]hk

12/15/98: 7/02/97 NASD FINE

ACCEPTANCE, WAIVER AND CONSENT; WIEN SECURITIES CORP. WAS FINED $3,000 BY THE

MARKET REGULATION AND NATIONAL BUSINESS CONDUCT COMMITTEE FOR VIOLATION OF

MARKETPLACE RULE 4613(d) FOR ENTERING QUOTATIONS INTO THE NASDAQ SYSTEM THAT

EXCEEDED THE PARAMETERS FOR MAXIMUM ALLOWABLE SPREADS.*** $3,000 PAID ON

8/21/97, INVOICE #97-MS-676***[NASD COMPLAINT NO. CMS960070 AWC] hk

1

12/15/98: 10/26/92 NASD FINE

ACCEPTANCE, WAIVER AND CONSENT; FINED $500 BY THE NASD FOR VIOLATIONS OF PART

IV, SECTION 2(B) OF THE SCHEDULE D FOR BACKING AWAY. [NASD COMPLAINT NO.

CMS920087AWC]

12/15/98: 10/23/91 NASD FINE

ACCEPTANCE, WAIVER AND CONSENT; WIEN SECURITIES CORP. WAS FINED $500 BY THE

NASD FOR VIOLATION OF ARTICLE III, SECTION 1 AND SEC RULE 15c2-11. [NASD

COMPLAINT NO. MS-1141-AWC(A)] jd

12/15/98: 4/02/91 ILLINOIS STIPULATION ORDER

ILLINOIS ENTERED A TEMPORARY ORDER WHICH SUSPENDS THE FIRM'S REGISTRATION IN

THE STATE OF ILLINOIS. IT IS BASED UPON A DETERMINATION THAT RESPONDENT FAILED

TO HAVE A SALESPERSON REGISTERED IN THE STATE OF ILLINOIS AS REQUIRED BY THE

ILLINOIS SECURITIES LAW OF 1953, AS AMENDED. THE TEMPORARY ORDER SHALL BECOME

FINAL IN 30 DAYS UNLESS A HEARING IS REQUESTED. **RESPONDENT AGREED TO PROVIDE

EVIDENCE THAT IT HAS COMPLIED WITH RULE 130.810(d)(4) OF THE ILLINOIS

SECURITIES LAW OF 1953, AS AMENDED AND HAS SUBMITTED $250.00 FOR THE COST OF

THE ILLINOIS SECURITIES DEPARTMENT INVESTIGATION. THE ILLINOIS SECURITIES

DEPARTMENT HAS AGREED TO DISMISS THE PENDING ADMINISTRATIVE HEARING AND LIFT

THE PENDING TEMPORARY ORDER OF SUSPENSION. **RESPONDENT REQUESTED A HEARING TO

DETERMINE WHETHER THE CURRENT TEMPORARY ORDER OF SUSPENSION IS APPROPRIATE.

HEARING IS SCHEDULED FOR MAY 15, 1991. THE TEMPORARY ORDER OF SUSPENSION SHALL

REMAIN IN EFFECT UNTIL FURTHER ORDER AND DETERMINATION. [IL DOCKET/CASE# NOT

PROVIDED]jd

12/15/98: 10/15/90 NASD FINE

ACCEPTANCE, WAIVER AND CONSET; WIEN SECURITIES CORP. WAS FINED $500 BY THE

NASD FOR VIOLATIONS OF PART VI, SECTION 2(d) OF SCHEDULE D FOR ENTERING NASDAQ

QUOTATIONS CONTAINING EXCESS SPREADS. [NASD COMPLAINT NO. #MS-967-AWC (A)]jd

12/15/98: 9/10/81 SIPC LIQUIDATION

A CONSENT ORDER WAS ENTERED IN SECURITIES INVESTOR PROTECTION CORPORATION V.

2

M.S. WIEN & CO., APPOINTING A TRUSTEE FOR THE LIQUIDATION OF THE FIRM PURSUANT

TO THE SECURITIES INVESTOR PROTECTION ACT OF 1970. [NJ DOCKET/CASE# CIV NO.

81-2864-U.S. ]bo

12/15/98: 5/01/72 SEC CEASE AND DESIST ORDER

CONSENT; M.S. WEIN & CO., INC. CONSENTED, WITHOUT ADMITTING OR DENYING THE

TRUTH OF THE ALLEGATION, A CEASE AND DESIST ORDER BY THE SEC. THE SEC

COMPLAINT ALLEGED THAT THE FIRM PARTICIPATED WITH A CERTAIN FIRM IN A TENDER

OFFER FOR CERTAIN SHARES IN VIOLATION OF CERTAIN PROVISIONS OF THE SECURITIES

EXCHANGE ACT OF 1934. THE FIRM WAS ENJOINED FROM VIOLATING SUCH PROVISIONS OF

THE ACT. [SEC COMPLAINT # NOT PROVIDED]bo

3
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