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To: StockDung who wrote (9269)8/15/2000 6:22:47 PM
From: Sir Auric Goldfinger  Read Replies (5) | Respond to of 10354
 
Monroe Parker Head Trader's NASD Sanction Adjusted on Appeal

Washington, Aug. 15 (Bloomberg) -- The former head trader at
Monroe Parker Securities Inc. is no longer liable for an
unspecified share of a $3.16 million sanction after appealing to
the National Association of Securities Dealers.
The NASD's appellate body instead held that Ralph Angeline,
the former head trader at the defunct Purchase, New York-based
brokerage, was liable for an amount of $203,000, equal to his
salary and bonus in 1995.
``Because Angeline was involved in the perpetration of the
fraud, any salary he received at the time constitutes ill-gotten
gains,'' stated the ruling by the NASD National Adjudicatory
Council.
Still, the council said it found no evidence that Angeline
received a share of profits made from the firm's alleged
manipulation of Steve Madden Ltd. warrants.
Last July, the NASD found Angeline ``jointly and severally''
responsible with the firm and two other people for paying $3.16
million in ill-gotten gains for his role in a manipulation of
Steve Madden warrants. ``Jointly and severally'' means those
responsible must work out among themselves who will pay what share
of the total.
The council concluded that Angeline should not have been made
one of those liable for the $3.16 million sum. It said that amount
represented the firm's illicit gains and the profits by the firm's
president Alan S. Lipsky and vice president Bryan J. Herman from
``excessive markups'' in the sale of the warrants in 1995.
``There is no evidence that Angeline received any portion of
the $1.1 million profit that Herman and Lipsky made from the sale
of their Madden warrants,'' the council ruled. Nor does he seem to
have been enriched by the $3.16 million the firm as a whole earned
from the manipulation, the council added.

Mixed Result

``Is he better off as a result of the change?'' asked
Angeline's lawyer, David Gordon about the appellate ruling. ``It's
hard to say because his life is ruined anyway because of the whole
experience. ... Our position is that he was not a knowing
participant in the scheme.''
Gordon said he could not say how much of the $3.16 million
has already been paid or what share of that total his 56-year-old
client had been expected to shoulder. The NASD also had no
information on those details.
Angeline and two Monroe Parker ex-brokers were acquitted last
April in an alleged $100 million stock fraud case brought by the
New York State Attorney General.
Lipsky and Herman have surrendered more than $8 million to a
restitution fund, according to federal prosecutors in Manhattan.
It's not clear how much, if any, of that $8 million will cover the
$3.16 million NASD sanction.
The NASD's appellate body affirmed last year's decision by
NASD regulators to bar Angeline from the securities industry ``in
all capacities'' and to fine him $600,000.