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Microcap & Penny Stocks : BNEZ Facts Thread: Ben Ezra, Weinstein and Company, Inc. -- Ignore unavailable to you. Want to Upgrade?

To: Ellen who wrote (31)	12/9/1998 11:27:00 AM
From: WEBNATURAL	Read Replies (1) \| Respond to of 86

Keep 'em comin'! I missed that one!

To: Ellen who wrote (31)	12/16/1998 5:26:00 PM
From: Ellen	Respond to of 86

FAHN - part 1 MEMBER FIRM: FAHNESTOCK & CO., INC. BD NUMBER: 249 NASD Member Firm: FAHNESTOCK & CO., INC. BD Number: 249 12/15/98 SUMMARY INFORMATION 12/15/98: 7/30/98 NASD ARBITRATION SUBJECT OF AN NASD ARBITRATION. THE ARBITRATION INVOLVED A PUBLIC CUSTOMER AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S): SUITABILITY; BRCH OF FIDUCIARY DT. THE AWARD INCLUDED: ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$500,000.00; INTEREST, AMOUNT ASKED BY CUSTOMER-$0.00; PUNITIVE/EXEMPLARY DAMAGES, AMOUNT ASKED BY CUSTOMER-$0.00; OTHER COSTS, AMOUNT ASKED BY CUSTOMER-$0.00; ATTORNEY'S FEES, AMOUNT ASKED BY CUSTOMER-$0.00. RELIEF REQUESTS HAVE BEEN DENIED IN FULL. [NASD ARBITRATION CASE NO. 95-06034] 12/15/98: 6/26/98 NYSE CENSURE AND FINE FAHNESTOCK & CO., INC. WAS CENSURED AND FINED $100,000.00 BY THE NYSE AND AN UNDERTAKING TO RETAIN AN INDEPENDENT CONSULTANT AND IMPLEMENT ITS RECOMMENDATIONS. FAHNESTOCK & CO., INC. ENTERED AN AGREEMENT WITH THE NEW YORK STOCK EXCHANGE CONSENTING TO THE FOLLOWING VIOLATIONS: 1.) SEC REGULATION 240.15c3-3(d), PROMULGATED PURSUANT TO THE EXCHANGE ACT, BY FAILING TO REDUCE SECURITIES IN DEFICIT CONDITION TO ITS POSSESSION OR CONTROL AS REQUIRED BY THE REGULATION; 2.) SEC REGULATION 240.15c3-3(c)(1), PROMULGATED PURSUANT TO THE EXCHANGE ACT, BY FAILING TO PROVIDE REQUIRED DOCUMENTATION SHOWING THAT SECURITIES IN MUTUAL FUND CUSTODY ACCOUNTS WERE NOT SUBJECT TO LIEN; 3.) SEC REGULATION 240.15c3-3(c)(4), PROMULGATED PURSUANT TO THE EXCHANGE AT, BY FAILING TO PROVIDE REQUIRED DOCUMENTATION SHOWING THAT SECURITIES IN FOREIGN CUSTODY ACCOUNTS WERE NOT SUBJECT TO LIEN; 4.) SEC REGULATION 240.15c3-3(b)(2), PROMULGATED PURSUANT TO THE EXCHANGE ACT, BY FAILING TO ESTABLISH THAT ITS SEGREGATION SYSTEM WAS NOT CREATING OR INCREASING DEFICITS; 5.) SEC REGULATION 240.8c-1, PROMULGATED PURSUANT TO THE EXCHANGE ACT, BY IMPROPERLY CUMMINGLING CUSTOMERS' SECURITIES WITH FIRM SECURITIES; 6.) FEDERAL RESERVE REGULATION T, 220.4 AND EXCHANGE RULE 431 BY FAILING TO MARGIN SECURITIES IN CUSTOMER ACCOUNTS AS REQUIRED AND BY IMPROPERLY EXTENDING CREDIT TO ITS CUSTOMERS; 7.) SECTION 17(a) OF THE EXCHANGE ACT AND SEC REGULATIONS 240.17a-3 AND FAIING TO MAKE AND KEEP CURRENT AND PRESERVE CERTAIN OF ITS BOOKS AND RECORDS; 8.) EXCHANGE RULE 410 IN THAT CERTAIN ORDER TICKETS WERE NOT PROPERLY PREPARED; 9.) EXCHANGE RULE 440b.13, 1 IN THAT CERTAIN SELL ORDER TICKETS WERE NOT MARKED "LONG" OR "SHORT"; 10.) EXCHANGE RULE 342.11 IN THAT TWO REGISTERED REPRESENTATIVES OPERATED FROM THEIR RESIDENCES WITHOUT PRIOR EXCHANGE APPROVAL; 11.) EXCHANGE RULE 342 IN THAT IT FAILED: a) REASONABLY TO SUPERVISE OR CONTROL CERTAIN OF ITS BUSINESS CONTROLS TO ASSURE COMPLIANCE WITH CERTAIN FINANCIAL AND OPERATIONAL RULES AND REGULATIONS OF THE EXCHANGE AND THE SEC c) TO ESTABLISH ADEQUATE CONTROLS, INCLUDING A SYSTEM TO FOLLOW-UP AND REVIEW, TO ASSURE COMPLIANCE WITH RULES AND REGULATIONS REGARDING CERTAIN CHINESE WALL POLICIES AND PROCEDURES. ** 5/19/98 - UNLESS A REVIEW BY THE NYSE BOARD OF DIRECTORS IS REQUESTED, THIS DECISION WILL BECOME FINAL 25 CALENDAR DAYS AFTER NOTICE OF THE HEARING PANEL'S DETERMINATION HAS BEEN SERVED ON THE FIRM. 6/26/98 - THE DECISION IS FINAL AND EFFECTIVE IMMEDIATELY.** [NYSE DOCKET/CASE NO.: HPD 98-48]lm/ba 12/15/98: 6/18/98 NASD CENSURE AND FINE ACCEPTANCE, WAIVER AND CONSENT; FAHNESTOCK & CO., INC. WAS CENSURED AND FINED $500 BY THE NASD FOR ALLEGED VIOLATION OR MSRB RULE G-37 IN THAT FIRM FAILED TO DISCLOSE ON FORMS G-37 NEGOTIATED UNDERWRITINGS IN WHICH IT PARTICIPATED AT A SYNDICATE MEMBER; AND, FAILED TO TIMELY SUBMIT FORMS G-37. [NASD COMPLAINT NO. C10970151] jm 12/15/98: 6/04/98 NASD ARBITRATION SUBJECT OF AN NASD ARBITRATION. THE ARBITRATION INVOLVED A PUBLIC CUSTOMER AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S): CHURNING; SUITABILITY; ACCOUNT RELATED - FAILURE TO SUPERVISE; BRCH OF FIDUCIARY DT. THE AWARD INCLUDED: ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$515,000.00; PUNITIVE/EXEMPLARY DAMAGES, AMOUNT ASKED BY CUSTOMER-$0.00; INTEREST, AMOUNT ASKED BY CUSTOMER-$0.00; ATTORNEY'S FEES, AMOUNT ASKED BY CUSTOMER-$0.00; OTHER COSTS, AMOUNT ASKED BY CUSTOMER-$0.00. RELIEF REQUESTS HAVE BEEN DENIED IN FULL. [NASD ARBITRATION CASE NO. 97-04204] 12/15/98: 3/24/98 NASD ARBITRATION SUBJECT OF AN NASD ARBITRATION. THE ARBITRATION INVOLVED A PUBLIC CUSTOMER AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S): UNAUTHORIZED TRADING; BRCH OF FIDUCIARY DT; ACCOUNT RELATED - FAILURE TO SUPERVISE; CHURNING. THE AWARD INCLUDED: ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$254,190.00; PUNITIVE/EXEMPLARY DAMAGES, AMOUNT ASKED BY CUSTOMER-$0.00; INTEREST, AMOUNT ASKED BY CUSTOMER-$0.00; OTHER COSTS, AMOUNT ASKED BY CUSTOMER-$0.00. RELIEF REQUESTS HAVE BEEN DENIED IN FULL. [NASD ARBITRATION CASE NO. 96-05303] 2 12/15/98: 1/07/98 NASD ARBITRATION SUBJECT OF AN NASD ARBITRATION. THE ARBITRATION INVOLVED A PUBLIC CUSTOMER AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S): UNAUTHORIZED TRADING; SUITABILITY; MISREPRESENTATION; MISREPRESENTATION. THE AWARD INCLUDED: ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$200,000.00; PUNITIVE/EXEMPLARY DAMAGES, AMOUNT ASKED BY CUSTOMER-$0.00; ATTORNEY'S FEES, AMOUNT ASKED BY CUSTOMER-$0.00. RELIEF REQUESTS HAVE BEEN DENIED IN FULL. [NASD ARBITRATION CASE NO. 92-02683] 12/15/98: 11/26/97 NASD ARBITRATION SUBJECT OF AN NASD ARBITRATION. THE ARBITRATION INVOLVED A PUBLIC CUSTOMER AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S): SUITABILITY; BRCH OF FIDUCIARY DT; ACCOUNT RELATED-BREACH OF CONTRACT; ACCOUNT RELATED - FAILURE TO SUPERVISE. THE AWARD INCLUDED: ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$0.00; ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$0.00; ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$0.00; PUNITIVE/EXEMPLARY DAMAGES, AMOUNT ASKED BY CUSTOMER-$0.00; PUNITIVE/EXEMPLARY DAMAGES, AMOUNT ASKED BY CUSTOMER-$0.00; PUNITIVE/EXEMPLARY DAMAGES, AMOUNT ASKED BY CUSTOMER-$0.00; INTEREST, AMOUNT ASKED BY CUSTOMER-$0.00; INTEREST, AMOUNT ASKED BY CUSTOMER-$0.00; INTEREST, AMOUNT ASKED BY CUSTOMER-$0.00; INTEREST, AMOUNT ASKED BY CUSTOMER-$0.00; ATTORNEY'S FEES, AMOUNT ASKED BY CUSTOMER-$0.00; ATTORNEY'S FEES, AMOUNT ASKED BY CUSTOMER-$0.00; ATTORNEY'S FEES, AMOUNT ASKED BY CUSTOMER-$0.00; ATTORNEY'S FEES, AMOUNT ASKED BY CUSTOMER-$0.00; OTHER COSTS, AMOUNT ASKED BY CUSTOMER-$0.00; OTHER COSTS, AMOUNT ASKED BY CUSTOMER-$0.00; OTHER COSTS, AMOUNT ASKED BY CUSTOMER-$0.00; OTHER COSTS, AMOUNT ASKED BY CUSTOMER-$0.00; ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$199,666.00; ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$199,666.00. RELIEF REQUESTS HAVE BEEN DENIED IN FULL. [NASD ARBITRATION CASE NO. 95-04858]

To: Ellen who wrote (31)	12/16/1998 5:29:00 PM
From: Ellen	Respond to of 86

FAHN - part 2 12/15/98: 11/06/97 NASD ARBITRATION SUBJECT OF AN NASD ARBITRATION AWARD. THE ARBITRATION INVOLVED A PUBLIC CUSTOMER AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S): UNAUTHORIZED TRADING; ACCOUNT RELATED - FAILURE TO SUPERVISE; BRCH OF FIDUCIARY DT. THE AWARD INCLUDED: ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$71,522.00, AMOUNT AWARDED TO CUSTOMER-$18,823.14 JOINTLY AND SEVERALLY; ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$0.00, AMOUNT AWARDED TO CUSTOMER-$1,754.89 JOINTLY AND SEVERALLY; ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$0.00, AMOUNT AWARDED 3 TO CUSTOMER-$0.00 JOINTLY AND SEVERALLY; PUNITIVE/EXEMPLARY DAMAGES, AMOUNT ASKED BY CUSTOMER-$0.00, AMOUNT AWARDED TO CUSTOMER-$0.00 JOINTLY AND SEVERALLY; ATTORNEY'S FEES, AMOUNT ASKED BY CUSTOMER-$0.00, AMOUNT AWARDED TO CUSTOMER-$20,000.00 JOINTLY AND SEVERALLY. [NASD ARBITRATION CASE NO. 96-02680] 12/15/98: 9/11/97 NASD ARBITRATION SUBJECT OF AN NASD ARBITRATION AWARD. THE ARBITRATION INVOLVED A PUBLIC CUSTOMER AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S): ACCOUNT RELATED-BREACH OF CONTRACT; BRCH OF FIDUCIARY DT; ACCOUNT RELATED-NEGLIGENCE; ACCOUNT RELATED - FAILURE TO SUPERVISE. THE AWARD INCLUDED: ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$59,868.00, AMOUNT AWARDED TO CUSTOMER-$15,000.00 JOINTLY AND SEVERALLY; PUNITIVE/EXEMPLARY DAMAGES, AMOUNT ASKED BY CUSTOMER-$100,000.00, AMOUNT AWARDED TO CUSTOMER-$0.00 JOINTLY AND SEVERALLY; ATTORNEY'S FEES, AMOUNT ASKED BY CUSTOMER-$0.00, AMOUNT AWARDED TO CUSTOMER-$0.00 JOINTLY AND SEVERALLY; OTHER COSTS, AMOUNT ASKED BY CUSTOMER-$0.00, AMOUNT AWARDED TO CUSTOMER-$0.00 JOINTLY AND SEVERALLY; OTHER MONETARY RELIEF, AMOUNT ASKED BY CUSTOMER-$0.00, AMOUNT AWARDED TO CUSTOMER-$3,750.00 JOINTLY AND SEVERALLY; TREBLE DAMAGES, AMOUNT ASKED BY CUSTOMER-$119,736.00, AMOUNT AWARDED TO CUSTOMER-$0.00 JOINTLY AND SEVERALLY. [NASD ARBITRATION CASE NO. 95-03206] 12/15/98: 5/01/97 NASD CENSURE AND FINE OFFER OF SETTLEMENT FILED APRIL 17, 1996 AND OCTOBER 26, 1996; FAHNESTOCK & CO., INC. WAS CENSURED AND FINED $6,500 BY THE NASD FOR VIOLATION OF NASD CONDUCT RULE 2110 AND MARKETPLACE RULE 4730(B)5 OF THE RULES OF THE ASSOCIATION. [NASD COMPLAINT NO. UNSPECIFIED] 12/15/98: 4/27/97 NASD FINE ACCEPTANCE, WAIVER AND CONSENT; FAHNESTOCK & CO., INC. WAS FINED $2,000.00 BY THE NASD. THE AWC ALLEGES THAT FAHNESTOCK VIOLATED MARKETPLACE RULE 4613E FOR ENTERING OR MAINTAINING QUOTATIONS IN THE NASDAQ STOCK MARKET, DURING NORMAL BUSINESS HOURS, WHICH CAUSED A LOCKED MARKET CONDITION TO OCCUR IN THREE SECURITIES. [NASD COMPLAINT NO. CMS960202 AWC] 12/15/98: 4/23/97 NASD FINE ACCEPTANCE, WAIVER AND CONSENT; FAHNESTOCK WAS FINED $10,000.00 BY THE NASD. 4 THE AWC ALLEGES THAT FAHNESTOCK VIOLATED SEC RULE 17A-3 AND NASD CONDUCT RULE 3010. FAHNESTOCK RECORDED AN INACCURATE EXECUTION TIME ON ORDER TICKETS FOR 215 TRANSACTIONS AND FAILED TO CREATE RECORDS SHOWING THE ENTRY OF TWO ORDERS. IN ADDITION, FAHNESTOCK FAILED TO ESTABLISH AND MAINTAIN WRITTEN SUPERVISORY PROCEDURES DESIGNED TO DETECT AND DETER TRADE REPORTING FUNCTIONS. [NASD COMPLAINT NO. CMS960226 AWC] 12/15/98: 12/30/96 NASD ARBITRATION SUBJECT OF AN NASD ARBITRATION AWARD. THE ARBITRATION INVOLVED A PUBLIC CUSTOMER AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S): UNAUTHORIZED TRADING; EXECUTIONS-FAILURE TO EXECUTE; MISREPRESENTATION; SUITABILITY. THE AWARD INCLUDED: ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$18,123.11, AMOUNT AWARDED TO CUSTOMER-$2,000.00; INTEREST, AMOUNT ASKED BY CUSTOMER-$0.00, AMOUNT AWARDED TO CUSTOMER-$0.00 JOINTLY AND SEVERALLY. [NASD ARBITRATION CASE NO. 96-05716] 12/15/98: 10/11/96 NASD ARBITRATION SUBJECT OF AN NASD ARBITRATION. THE ARBITRATION INVOLVED A PUBLIC CUSTOMER AND WAS FILED BECAUSE OF THE FOLLOWING DISPUTE(S): MANIPULATION; SUITABILITY; UNAUTHORIZED TRADING; ACCOUNT RELATED - FAILURE TO SUPERVISE. THE AWARD INCLUDED: ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$5,000,000.00; INTEREST, AMOUNT ASKED BY CUSTOMER-$0.00; ATTORNEY'S FEES, AMOUNT ASKED BY CUSTOMER-$0.00; OTHER COSTS, AMOUNT ASKED BY CUSTOMER-$0.00; OTHER MONETARY RELIEF, AMOUNT ASKED BY CUSTOMER-$0.00; PUNITIVE/EXEMPLARY DAMAGES, AMOUNT ASKED BY CUSTOMER-$10,000,000.00; ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$7,500,000.00; INTEREST, AMOUNT ASKED BY CUSTOMER-$0.00; ACTUAL/COMPENSATORY DAMAGES, AMOUNT ASKED BY CUSTOMER-$0.00; ATTORNEY'S FEES, AMOUNT ASKED BY CUSTOMER-$0.00; PUNITIVE/EXEMPLARY DAMAGES, AMOUNT ASKED BY CUSTOMER-$10,000,000.00; OTHER COSTS, AMOUNT ASKED BY CUSTOMER-$0.00; OTHER MONETARY RELIEF, AMOUNT ASKED BY CUSTOMER-$0.00. RELIEF REQUESTS HAVE BEEN DENIED IN FULL. [NASD ARBITRATION CASE NO. 95-01176]