UNITED STATES SECURITIES AND EXCHANGE COMMISSION

SEC ADMIN RELEASE 34-75128; IA RELEASE 40-4110, JUNE 9, 2015: THE SEC DEEMS IT APPROPRIATE AND IN THE PUBLIC INTEREST THAT PUBLIC ADMINISTRATIVE PROCEEDINGS BE, AND HEREBY ARE, INSTITUTED PURSUANT TO SECTION 15(B) OF THE SECURITIES EXCHANGE ACT OF 1934 AND SECTION 203(F) OF THE INVESTMENT ADVISERS ACT OF 1940 AGAINST BRIAN J. SCHUSTER. IN ANTICIPATION OF THE INSTITUTION OF THESE PROCEEDINGS, RESPONDENT HAS SUBMITTED AN OFFER OF SETTLEMENT WHICH THE COMMISSION HAS DETERMINED TO ACCEPT. SOLELY FOR THE PURPOSE OF THESE PROCEEDINGS AND ANY OTHER PROCEEDINGS BROUGHT BY OR ON BEHALF OF THE COMMISSION, OR TO WHICH THE COMMISSION IS A PARTY, RESPONDENT ADMITS THE COMMISSION'S JURISDICTION OVER HIM AND THE SUBJECT MATTER OF THESE PROCEEDINGS AND THE FINDINGS, AND CONSENTS TO THE ENTRY OF THIS ORDER INSTITUTING ADMINISTRATIVE PROCEEDINGS PURSUANT TO SECTION 15(B) OF THE SECURITIES EXCHANGE ACT OF 1934 AND SECTION 203(F) OF THE INVESTMENT ADVISERS ACT OF 1940, MAKING FINDINGS, AND IMPOSING REMEDIAL SANCTIONS. ON MAY 17, 2011, SCHUSTER PLED NO CONTEST TO FOUR COUNTS OF SECURITIES FRAUD IN VIOLATION OF NEB. REV. STAT. § 8-1102, A FELONY, BEFORE THE COUNTY COURT, OTEO COUNTY, NEBRASKA, NO. CR-09-37. ON AUGUST 16, 2011, A JUDGMENT IN THE CRIMINAL CASE WAS ENTERED AGAINST SCHUSTER. SCHUSTER WAS SENTENCED TO SERVE BETWEEN 80 MONTHS AND 16 YEARS OF INCARCERATION.

Order

Bar (Permanent)

ANY INVESTMENT ADVISER, BROKER, OR DEALER

6/9/2015

Penny Stock

Indefinite

6/9/2015

SECURITIES FRAUD IN VIOLATION OF NEB. REV. STAT. § 8-1102

Convicted

FINRA

SCHUSTER FAILED TO COMPLY WITH AN ARBITRATION AWARD OR SETTLEMENT AGREEMENT OR TO SATISFACTORILY RESPOND TO A FINRA REQUEST TO PROVIDE INFORMATION CONCERNING THE STATUS OF COMPLIANCE.

LETTER

Suspension

ALL CAPACITIES

N/A

6/4/2009

PURSUANT TO ARTICLE VI, SECTION 3 OF FINRA BY-LAWS, AND FINRA RULE 9554, SCHUSTER'S FINRA REGISTRATION IS SUSPENDED JUNE 4, 2009 FOR FAILURE TO COMPLY WITH AN ARBITRATION AWARD OR SETTLEMENT AGREEMENT OR TO SATISFACTORILY RESPOND TO FINRA REQUESTS TO PROVIDE INFORMATION CONCERNING THE STATUS OF COMPLIANCE.

FINRA

SCHUSTER FAILED TO COMPLY WITH AN ARBITRATION AWARD OR SETTLEMENT AGREEMENT OR TO SATISFACTORILY RESPOND TO A FINRA REQUEST TO PROVIDE INFORMATION CONCERNING THE STATUS OF COMPLIANCE.

Other

Suspension

PURSUANT TO ARTICLE VI, SECTION 3 OF FINRA BY-LAWS, AND FINRA RULE 9554, SCHUSTER'S FINRA REGISTRATION IS SUSPENDED JANUARY 8, 2009 FOR FAILURE TO COMPLY WITH AN ARBITRATION AWARD OR SETTLEMENT AGREEMENT OR TO SATISFACTORILY RESPOND TO FINRA REQUESTS TO PROVIDE INFORMATION CONCERNING THE STATUS OF COMPLIANCE.

FINRA

SECTION 10(B) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 10B-5 THEREUNDER, NASD RULES 2110, 2120, 2310, AND INTERPRETIVE MATERIAL 2310-2: SCHUSTER MADE UNSUITABLE RECOMMENDATIONS TO CUSTOMERS TO INVEST IN VARIOUS PRIVATE SECURITIES OFFERINGS, WITHOUT HAVING REASONABLE GROUNDS FOR BELIEVING THAT SUCH TRANSACTIONS WERE SUITABLE FOR CUSTOMERS IN VIEW OF THEIR FINANCIAL SITUATIONS, INVESTMENT OBJECTIVES AND FINANCIAL NEEDS. IN ADDITION, TO INDUCE THE PURCHASE OF SUCH SECURITIES, HE ENGAGED IN MANIPULATIVE, DECEPTIVE OR OTHER FRAUDULENT DEVICES WHEN HE FAILED TO DISCLOSE MATERIAL FACTS THAT DEMONSTRATED THE RISKS AND TRUE FINANCIAL CONDITIONS OF SUCH INVESTMENTS EVEN THOUGH HE HAD KNOWLEDGE OF SUCH FACTS.

Acceptance, Waiver & Consent(AWC)

Bar

WITHOUT ADMITTING OR DENYING THE FINDINGS, RESPONDENT CONSENTED TO THE DESCRIBED SANCTION AND TO THE ENTRY OF FINDINGS; THEREFORE, HE IS BARRED FROM ASSOCIATION WITH ANY FINRA MEMBER IN ANY CAPACITY.

NEBRASKA RESIDENTS ALLEGED FINANCIAL ADVISOR BRIAN SCHUSTER MADE UNSUITABLE RECOMMENDATIONS FOR INVESTMENTS INCONSISTENT WITH CLAIMANTS CONSERVATIVE INVESTMENT OBJECTIVES. CLAIMANTS ALLEGED VIOLATIONS OF FEDERAL AND STATE SECURITIES REGULATORY REQUIREMENTS, BREACH OF FIDUCIARY DUTY AND NEGLIGENCE. (11/20/2000-9/13/2002)

$408,400.00

$137,135.89

CLAIMANTS ALLEGE THAT FA MADE UNSUITABLE RECOMMENDATIONS FOR INVESTMENTS INCONSISTENT WITH CLAIMANT'S CONSERVATIVE INVESTMENT GOALS. CLAIMANTS ALLEGE BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND MISREPRESENTATION. CLAIMANTS ARE REQUESTING DAMAGES OF $237,700.

$237,700.00

$101,666.00

NEBRASKA RESIDENT ALLEGES FINANCIAL ADVISOR BRIAN SCHUSTER MADE UNSUITABLE RECOMMENDATION FOR INVESTMENTS IN SMALL PRIVATE CORPORATIONS, PROMISSORY NOTES, DEBENTURES AND ANNUITIES. CLAIMANT ALSO ALLEGES MISREPRESENTATION AND OMISSIONS, VIOLATIONS OF FEDERAL AND STATE SECURITIES REGULATORY REQUIREMENTS, BREACH OF FIDUCIARY DUTY AND NEGLIGENCE. SHE CLAIMS DAMAGES OF $55,000.

$55,000.00

$70,000.00

NEBRASKA RESIDENT ALLEGES THAT FROM 2000 THROUGH 2005, FINANCIAL ADVISOR BRIAN SCHUSTER MADE UNSUITABLE INVESTMENTS IN LIMITED LIABILITY CORPORATIONS, PROMISSORY NOTES SECURED BY REAL ESTATE AND MUTUAL FUNDS. CLAIMANT ALSO ALLEGES VIOLATIONS OF SECURITIES REGULATORY REQUIREMENTS AND NEBRASKA STATE REGULATORY REQUIREMENTS, BREACH OF FIDUCIARY DUTY AND NEGLIGENCE.

$499,000.00

$60,144.35