To: Anthony@Pacific who wrote (64327 ) 12/11/2000 5:25:16 PM From: StockDung Respond to of 122087 BEAR STEARNS COMPANIES INC filed this 10-K on 09/28/1999 On October 24, 1994, a shareholder of certain biotechnology companies whose securities were underwritten by, or that otherwise had some relationship with, D. Blech & Co . ("Blech Securities"), commenced an action in the United States District Court for the Southern District of New York against D. Blech & Co., David Blech, certain money managers and investment advisors, and Bear Stearns, which had been a clearing broker for D. Blech & Co. tenkwizard.com From Todays SEC digesttenkwizard.com COURT ENJOINS DAVID BLECH FROM VIOLATING NUMEROUS PROVISIONS OF THE FEDERAL SECURITIES LAWS, AND COMMISSION ISSUES ORDER BARRING BLECH FROM BEING ASSOCIATED WITH A BROKER OR DEALER The Commission announced today that on December 5 the Southern District of New York entered a permanent injunction against David Blech, enjoining him from violating numerous provisions of the federal securities laws in SEC v. David Blech et al., 99 Civ. 4770 (RWS). The Commission also issued an Order Instituting Public Administrative Proceedings, Making Findings and Imposing Remedial Sanctions against Blech. This Order barred Blech from being associated with a broker or dealer. Blech consented to both the injunctive and administrative relief without admitting or denying the Commission's allegations against him. In the underlying injunctive action, the Commission alleged that from approximately June through September 1994, Blech, the Chief Executive Officer of D. Blech & Co., Inc. (D. Blech & Co.) orchestrated a massive manipulative scheme designed to increase and/or stabilize the prices of a number of the biotechnology securities that D. Blech & Co. took public and in which it made a market. Specifically, D. Blech & Co. specialized in underwriting and making markets in biotechnology securities. In 1994, the biotechnology industry experienced a cyclical downturn and the price of securities that D. Blech & Co. made a market in declined. Because D. Blech & Co. held large inventory positions in these biotechnology securities, and the equity value of the securities decreased, D. Blech & Co. experienced a net capital crisis. In an attempt to keep D. Blech & Co. afloat, Blech engaged in unlawful and unauthorized trading in a number of biotechnology securities. Blech routinely sold biotechnology stocks from D. Blech & Co.'s inventory accounts to brokerage accounts Blech controlled that were in the names of other individuals and entities. These controlled accounts then sold the biotechnology stocks back to D. Blech & Co. or to other accounts controlled by Blech. Additionally, Blech engaged in other practices such as wash sales and matched orders in the biotechnology stocks. Blech also engaged in unauthorized trading in customer accounts. These trades created the appearance of active trading in the biotechnology stocks. Additionally, through this trading, Blech was also able to reduce D. Blech & Co.'s inventory position in the biotechnology stocks, yet still artificially withhold from the market the supply of the biotechnology stocks. While this illegal trading was occurring, D. Blech & Co. failed to maintain adequate net capital and failed to keep accurate books and records, and Blech, who controlled D. Blech & Co., was liable for these violations. In addition, Blech again engaged in unlawful and unauthorized trading of several biotechnology stocks between approximately November 1997 and January 1998. The injunction enjoins Blech from violating Section 17(a) of the Securities Act of 1933 and Sections 10(b), 15(c) and 17(a) of the Exchange Act and Rules 10b-3, 10b-5, 15c1-2, 15c3-1, 17a-3, 17a-4, 17a-5 and 17a-11. Disgorgement was waived, and civil penalties were not imposed, based on Blech's inability to pay. As noted above, the Commission also issued an order barring Blech from associating with a broker or dealer. This order was based both on the entry of the injunction, and Blech's criminal conviction. On March 28, 1998, Blech pled guilty and was convicted of two counts of securities fraud. (Rel. 34-43693; File No. 3-10379)