To: afrayem onigwecher who wrote (18045 ) 8/15/2006 10:21:47 AM From: StockDung Read Replies (1) | Respond to of 19428 The Shemano Group, Inc. (CRD #35528, San Francisco, California), William David Corbett (CRD #1478411, Registered Representative, Belvedere, California), Michael Keith McDonough (CRD #1511844, Registered Principal, Alameda, California) and Gary Jay Shemano (CRD #421322, Registered Principal, Kentfield, California) submitted Letters of Acceptance, Waiver and Consent in which the firm and Shemano were fined $425,000, jointly and severally. The firm and Shemano were barred from publishing research reports as the term is defined in NASD Rule 2711(a), and the firm was required to hire an independent consultant to review the adequacy of the firm’s policies, systems, procedures and training. Shemano was suspended from association with any NASD member in any capacity for 90 days. Corbett was fined $150,000 and suspended from association with any NASD member in any capacity for 60 days. McDonough was fined $20,000 and suspended from association with any NASD member as a general securities principal for nine months. Without admitting or denying the findings, the respondents consented to the described sanctions and to the entry of findings that Shemano sold Corbett’s shares of a publicly traded company while Corbett was reviewing drafts of a pending research report on the company that contained mismanagement allegations, and Corbett, as lead banker, and McDonough, as Chief Compliance Officer, failed to detect and prevent the sales. The findings stated that the firm, Shemano and McDonough failed to establish, maintain and enforce a system of supervision and written supervisory procedures reasonably designed to prevent the misuse of material and nonpublic information, and to achieve compliance with applicable securities laws, regulations and NASD rules. The findings stated that Corbett provided knowing and substantial assistance to his firm in violation of its written supervisory procedures. The findings also stated that Corbett knowingly hired, and the firm made payments to, an individual for consulting services relating to the issuance of research reports and investment banking activities who they knew to be statutorily disqualified from association with any NASD member, and failed to report the association to NASD. The findings also included that the firm published research reports the barred individual wrote that deleted material risk disclosures and failed to disclose material facts, and McDonough failed to supervise the preparation of the research reports. NASD found that the firm failed to reasonably supervise the firm’s research and investment banking departments and the barred consultant in connection with their activities relating to the issuance of research reports.nasd.com