FINRA

WITHOUT ADMITTING OR DENYING THE FINDINGS, DIEHL CONSENTED TO THE SANCTIONS AND TO THE ENTRY OF FINDINGS THAT HE ENGAGED IN PRIVATE SECURITIES TRANSACTIONS AND AN OUTSIDE BUSINESS ACTIVITY WITHOUT DISCLOSING THESE ACTIVITIES TO HIS MEMBER FIRM. THE FINDINGS STATED THAT DIEHL PARTICIPATED IN RAISING A TOTAL OF $480,000 FROM INVESTORS FOR A BUSINESS IN WHICH HE WAS INVOLVED. THE INVESTORS RECEIVED SECURITIES IN THE FORM OF PROMISSORY NOTES AND MOST OF THE INVESTORS WERE HIS BROKERAGE CUSTOMERS. DUE TO THE LACK OF SUCCESS OF THE BUSINESS, THE CORPORATION STOPPED PAYING INTEREST ON THE NOTES DURING 2013.

Acceptance, Waiver & Consent(AWC)

Civil and Administrative Penalty(ies)/Fine(s)

$10,000.00

Suspension

ANY CAPACITY

NINE MONTHS

4/21/2014

1/20/2015

FINRA

FINRA'S BY-LAWS ARTICLE V, SECTION 2(C), FINRA RULE 2010, NASD RULES 2110, 2370, AND INTERPRETATIVE MATERIAL-1000-1: DIEHL BORROWED, IN TOTAL, $127,000 FROM HIS CUSTOMER, AND DIEHL DID NOT OBTAIN PRIOR WRITTEN APPROVAL FROM HIS MEMBER FIRM FOR THE LOAN PRIOR TO BORROWING FROM THE CUSTOMER. SPECIFICALLY, DIEHL ENTERED INTO AN AGREEMENT WHEREBY HIS CUSTOMER'S COMPANY WOULD LOAN FUNDS TO DIEHL'S WIFE. THE INTENT OF THE AGREEMENT WAS FOR DIEHL TO INDIRECTLY RECEIVE THE FUNDS IN EXCHANGE FOR TRAINING THE CUSTOMER'S SON IN THE SECURITIES INDUSTRY. DIEHL'S FIRM ALLOWED LOANS FROM CUSTOMERS TO REGISTERED REPRESENTATIVES UNDER CERTAIN CIRCUMSTANCES, BUT REQUIRED THAT THE REPRESENTATIVE OBTAIN WRITTEN APPROVAL FROM THE FIRM PRIOR TO BORROWING. DIEHL FAILED TO TIMELY AMEND HIS FORM U4 TO DISCLOSE A TAX LIEN FILED, RELATED TO INCOME TAXES OWED BY DIEHL, AFTER FIRST LEARNING OF THE LIEN.

Acceptance, Waiver & Consent(AWC)

Civil and Administrative Penalty(ies)/Fine(s)

$7,500.00

Suspension

ALL CAPACITIES

FOUR MONTHS

12/17/2012

4/16/2013

WITHOUT ADMITTING OR DENYING THE FINDINGS, DIEHL CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, HE IS FINED $7,500 AND SUSPENDED FROM ASSOCIATION WITH ANY FINRA MEMBER IN ALL CAPACITIES FOR FOUR MONTHS. THE FINE IS DUE AND PAYABLE EITHER IMMEDIATELY UPON RE-ASSOCIATION WITH A MEMBER FIRM FOLLOWING HIS/HER SUSPENSION OR PRIOR TO ANY APPLICATION OR REQUEST FOR RELIEF FROM ANY STATUTORY DISQUALIFICATION RESULTING FROM THIS OR ANY OTHER EVENT OR PROCEEDING, WHICHEVER IS EARLIER. THE SUSPENSION IS IN EFFECT FROM DECEMBER 17, 2012, THROUGH APRIL 16, 2013.

MISSOURI SECRETARY OF STATE/SECURITIES DIVISION

TIMOTHY D. NEWMAN, SHANE DUNNAWAY, RAYMOND EPPENAUER, TIMOTHY KUSGEN, DAVID P. DIEHL AND JONATHAN DIEHL SOLD VIATICAL SETTLEMENT CONTRACTS TO MISSOURI RESIDENTS. RESPONDENTS TOLD SOME MISSOURI RESIDENTS THAT THE INVESTMENTS WOULD PAY UP TO 24% ANNUALLY AND THAT THE PRINCIPAL WOULD BE RETURNED AT THE END OF ONE YEAR. INTEREST THAT WAS PAID TO MISSOURI RESIDENTS WAS PAID FROM INVESTORS'OWN FUNDS. TO DATE, MANY OF THE MISSOSURI RESIDENTS HAVE NOT RECEIVED ALL OF THEIR INTEREST PAYMENTS OR THE RETURN OF THEIR PRINCIPAL. THE VIATICAL SETTLEMENT CONTRACTS SOLD BY RESPONDENTS WERE NOT REGISTERED AS SECURITIES IN MISSOURI. RESPONDENTS WERE NOT REGISTERED TO SELL SECURITIES IN MISSOURI. RESPONDENTS FAILED TO DISCLOSE THIS TO INVESTORS.

Order

Cease and Desist