Initiated By
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Allegations
The Securities and Exchange Commission ("Commission") 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 ("Exchange Act") and Section 203(f) of the Investment Advisers Act of 1940 ("Advisers Act") against Dustin Paul Shafer ("Respondent"). The Commission finds that on January 29, 2021, the Illinois Secretary of State, Securities Department entered an Order of Prohibition (the "Illinois Order") against Shafer which prohibited him from the offer or sale of securities in or from the State of Illinois, and prohibited him from engaging in the business of an investment adviser representative in or from the State of Illinois. In the Matter of Dustin Paul Shafer (File No. 2001056, Order of Prohibition, January 29, 2021). The Illinois Order found that Shafer took personal loans from an 89 year old brokerage customer and failed to repay the loans. The Illinois Order found that from January 29, 2019 to March 2, 2020, Shafer borrowed a total of $58,678 through four personal loans which she paid from her personal checking account. The Illinois Order further found that on or around September 24, 2019, upon taking the third loan, Shafer signed a promissory note evidencing the three loans, but the note did not provide for security, interest, or a repayment schedule, and that, on this same date, Shafer gave the customer a check for $10,000 postdated to April 15, 2020, and advised her not to attempt to cash it until after the post date. According to the Illinois Order, Shafer closed his bank account before the customer presented the check for payment in July 2020. As of January 29, 2021, the date of the Illinois Order, Shafer had not repaid any of the loans. The Illinois Order stated that during the timeframe when these loans were being made, Shafer continued to manage the customer's accounts as a broker and executed many buys and sells in her account. The Illinois Order found that Shafer's conduct violated Section 12.F. of Illinois Securities Laws of 1953 [815 ILCS 5/1 et. Seq.] which states that "it shall be a violation ? for any person to engage in any transaction, practice or course of business in connection with the sales of securities which works or tends to work a fraud or deceit upon the purchaser or seller thereof."
Resolution
Order
Bar
Bar (Permanent)
Registration Capacities Affected
association with a broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or NRSRO
Duration
Indefinite
Start Date
8/9/2022
Registration Capacities Affected
Participating in any offering of a penny stock
Duration
Indefinite
Start Date
8/9/2022