In the Matter of MAX C. TANNER, ESQ. Respondent.
United States of America
before the
Securities and Exchange Commission
Securities Exchange Act of 1934
Release No. 46775 / November 5, 2002
Administrative Proceeding
File No. 3-10928
--------------------------------------------------------------------------------
In the Matter of
MAX C. TANNER, ESQ.
Respondent.
--------------------------------------------------------------------------------
:
:
:
:
:
:
:
: ORDER INSTITUTING PUBLIC ADMINISTRATIVE PROCEEDINGS AND IMPOSING TEMPORARY SUSPENSION PURSUANT TO RULE 102(e)(3) OF THE COMMISSION'S RULES OF PRACTICE
I.
The Securities and Exchange Commission (Commission") deems it appropriate and in the public interest to issue an order temporarily suspending Max C. Tanner, Esq. ("Tanner") pursuant to Rule 102(e)(3) of the Commission's Rules of Practice.1
II.
The Commission makes the following findings:
A. Tanner is an attorney residing at all relevant times in Las Vegas. He is licensed to practice law in the State of Nevada. In September 1996, Tanner incorporated Maid Aide, Inc. ("MDAN") and was MDAN's original director and principal shareholder.
B. On January 14, 2002, the Commission brought an action in federal district court against Tanner and others alleging that Tanner violated Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder, in connection with trading the stock of MDAN. SEC v. Tanner, et al., 02 Civ. 0306 (S.D.N.Y.) (WHP). On August 12, 2002, the Court entered a default judgment and order that, among other things, permanently enjoins Tanner from violating the federal securities laws.
C. The Commission's Complaint alleges, in part, that Tanner participated in a scheme to manipulate the public trading market for the stock of MDAN, a public shell company. To facilitate the scheme, Tanner and others gained control of MDAN and set up two boiler room operations. He further directed unlicensed brokers at these boiler rooms to sell unregistered stock at artificially inflated prices, using high-pressure sales tactics, in exchange for undisclosed kickbacks. Through this scheme, Tanner and the other defendants defrauded investors out of more than $3.7 million.
D. On November 19, 2001, Tanner was convicted in a related criminal case of 37 counts of securities fraud relating to MDAN, including mail and wire fraud, tax fraud, and money laundering. U.S v. Tanner, CR-S-00-193-KJD.
III.
Based upon the foregoing, the Commission finds that a court of competent jurisdiction has permanently enjoined Tanner from violating the federal securities laws within the meaning of Rule 102(e)(3)(i)(A) of the Commission's Rules of Practice. In view of this finding, the Commission deems it appropriate and in the public interest that Tanner be temporarily suspended from appearing or practicing before the Commission.
Accordingly, IT IS HEREBY ORDERED that Tanner be, and hereby is, temporarily suspended from appearing or practicing before the Commission.
IT IS FURTHER ORDERED that Tanner may within thirty days after service of this Order file a petition with the Commission to lift the temporary suspension. If the Commission within thirty days after service of the Order receives no petition, the suspension shall become permanent pursuant to Rule 102(e)(3)(ii).
If a petition is received within thirty days after service of this Order, the Commission shall, within 30 days after the filing of the petition, either lift the temporary suspension, or set the matter down for hearing at a time and place to be designated by the Commission, or both. If a hearing is ordered, following the hearing, the Commission may lift the suspension, censure the petitioner, or disqualify the petitioner from appearing or practicing before the Commission for a period of time, or permanently, pursuant to Rule 102(e)(3)(iii).
This Order shall be served upon Tanner personally or by certified mail at his last known address.
By the Commission.
Jonathan G. Katz
Secretary
Endnote
1 Rule 102(e)(3)(i) provides, in pertinent part, that:
The Commission, with due regard to the public interest and without preliminary hearing, may, by order, temporarily suspend from appearing or practicing before it any attorney . . . who has been by name:. . . (A) Permanently enjoined by any court of competent jurisdiction, by reason of his or her misconduct in an action brought by the Commission, from violating . . . any provision of the Federal securities laws or of the rules and regulations thereunder.
sec.gov
--------------------------------------------------------------------------------
Home | Previous Page Modified: 11/06/2002 |
