To: afrayem onigwecher who wrote (150 ) 7/17/2001 5:00:09 PM From: Sir Auric Goldfinger Read Replies (1) | Respond to of 574 ALEX, your pal: "J. Alexander Securities, Inc. (CRD #7809, Los Angeles, California), Richard Leon Newberg (CRD #346857, Registered Principal, Golden Beach, Florida), and Dennis Jay Sturm (CRD #1407180, Registered Principal, Coral Springs, Florida) were named as respondents in an NASD complaint alleging that the firm, Newberg, and Sturm participated directly, or indirectly, in undertakings involving the purchase of securities from issuers with a view to the distribution of such securities and, thereby, acted as underwriters of the unregistered shell company and surviving entity securities. The complaint also alleges that this trading, including matched trades, in the securities of the shell companies created the false appearance of trading volume and market interest in the securities; induced other market makers to enter quotes; and allowed the respondents to artificially affect the market price for the securities. The complaint further alleges that the respondents, by the use of any means, instrumentality of interstate commerce, or of the mails, knowingly or recklessly engaged in manipulative or deceptive devices or contrivances in connection with the purchase or sale of securities, and knowingly or recklessly effected transactions in, or induced the purchase or sale of, securities by means of manipulative, deceptive, or other fraudulent devices or contrivances. In addition, the complaint alleges that the respondents aided and abetted the manipulative trading of others. The complaint alleges that Sturm, acting on behalf of the firm, certified that no one associated with the firm was directly or indirectly affiliated with the issuer when he knew, or should have known, that controlling shareholders were related to the respondents or other associated persons of the firm and falsely represented that the initial prices were based on trades with third-party brokers, unsolicited third- party transactions, or similar representations. Moreover, the complaint alleges that Sturm and Newberg maintained, controlled, or had financial interest in accounts at other firms; failed to provide written notice of these accounts to the firm; and failed to provide prompt written notice to the firm that they were engaged in outside business activity for compensation. The complaint also alleges that Newberg provided false testimony during an NASD investigation. In addition, the complaint alleges that the firm failed to supervise the trading and market making activity conducted by Sturm and Newberg; failed to devise, maintain, and enforce written supervisory procedures designed to focus on the potential for manipulation presented by trading securities in newly trading shell companies and failed to oversee the selection of companies in which the firm made markets and for which it filed Form 211 applications, or to review the accuracy and adequacy of the information in the Form 211 applications. (NASD Case #CAF010011)