Initiated By
NASD
Allegations
NASD CONDUCT RULE 2110, IM-1000-1, 2860(B)(18) & (19), 2510(B) , 2310 DOUGLAS A RAUH WILLFULLY FAILED TO DISCLOSE MATERIAL FACTS ON HIS FORM U4. WHILE REGISTERED WITH A MEMBER FIRM, RAUH EXERCISED DISCRETION IN ACCOUNTS OF PUBLIC CUSTOMERS WITHOUT RECEIVING PRIOR WRITTEN AUTHORIZATION TO EXERCISE SUCH DISCRETIONARY POWER BY THE CUSTOMERS AND WITHOUT RECEIVING ACCEPTANCE OF THE DISCRETIONARY ACCOUNT BY HIS MEMBER FIRM. FURTHERMORE, RAUH EFFECTED MULTIPLE SECURITIES TRANSACTIONS IN A PUBLIC CUSTOMER'S ACCOUNT WITHOUT HAVING REASONABLE GROUNDS FOR BELIEVING THAT SUCH TRANSACTIONS WERE SUITABLE FOR THE CUSTOMER IN VIEW OF THE SIZE, FREQUENCY, CONCENTRATION OF THE SPECULATIVE SECURITIES, AND NATURE OF THE RECOMMENDED TRANSACTIONS, AND IN LIGHT OF HIS FINANCIAL SITUATION, INVESTMENT OBJECTIVES, CIRCUMSTANCES AND NEEDS. MOREOVER, RAUH, WHILE EXERCISING CONTROL OF OVER A PUBLIC CUSTOMER'S ACCOUNTS EXECUTED OPTIONS TRADES WITHOUT REASONABLE GROUNDS FOR BELIEVING THAT THE CUSTOMER WAS CAPABLE OF EVALUATING THE TRANSACTION RISK; WAS FINANCIALLY ABLE TO BEAR THE RISKS OF THE RECOMMENDATIONS; AND THAT THE TRADES WERE NOT SUITABLE.
Resolution
Decision
Bar
Bar (Permanent)
Sanctions
Civil and Administrative Penalty(ies)/Fine(s)
Sanctions
Monetary Penalty other than Fines
Regulator Statement
RESPONDENT WILLFULLY FAILED TO DISCLOSE A MATERIAL FACT ON A FORM U4, AND THAT UNDER SECTION 15(B)(4)(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND ARTICLE III, SECTION 4(F) OF THE NASD BY-LAWS, THIS OMISSION MAKE HIM SUBJECT TO A STATUTORY DISQUALIFICATION WITH RESPECT TO ASSOCIATION WITH A MEMBER.
HEARING PANEL DECISION RENDERED NOVEMBER 9, 2005, WHEREIN RESPONDENT IS BARRED FROM ASSOCIATION WITH ANY NASD MEMBER FIRM IN ANY CAPACITY AND FINED $118,495.00. IN ADDITION, RESPONDENT IS ORDERED TO PAY $5,134.16 IN COSTS. THE FINE SHALL BE DUE AND PAYABLE WHEN AND IF RESPONDENT SEEKS TO RETURN TO THE SECURITIES INDUSTRY. DECISION IS NOW FINAL DECEMBER 27, 2005. FINES PAID.