FINRA

BABICH FAILED TO RESPOND TO FINRA REQUEST FOR INFORMATION

LETTER

Bar (Permanent)

All Capacities

6/4/2009

PURUSUANT TO FINRA RULE 9552(H) AND IN ACCORDANCE WITH THE INTENT TO SUSPEND AND NOTICE OF SUSPENSION LETTERS, DATED DECEMBER 1, 2008 AND DECEMBER 26, 2008 RESPECTIVELY, ON JUNE 4, 2009 BABICH IS BARRED FROM ASSOCIATING WITH ANY FINRA MEMBER FIRM IN ANY CAPACITY. BABICH FAILED TO REQUEST TERMINATION OF HIS SUSPENSION WITHIN SIX MONTHS OF THE DATE OF THE NOTICE OF INTENT TO SUSPEND, THEREFORE PURSUANT TO FINRA RULE 9552(H) HE IS AUTOMATICALLY BARRED FROM ASSOCIATION WITH ANY FINRA MEMBER IN ANY CAPACITY

NEW YORK STOCK EXCHANGE DIVISION OF ENFORCEMENT

**6/12/07**CHARGES ISSUED BY NYSE REGULATION, INC. AND PENDING CHARGES: 1. RICHARD WENDELL BABICH, BY REASON OF THE FACTS SET FORTH IN THE STATEMENT OF FACTS AND EXPLANATION ABOVE, VIOLATED RULE 476(A)(6) BY ENGAGING IN CONDUCT INCONSISTENT WITH JUST AND EQUITABLE PRINCIPLES OF TRADE IN THAT HE FAILED TO FOLLOW A CUSTOMER'S INSTRUCTIONS AND HE IS, THEREFORE, SUBJECT TO DISCIPLINE PURSUANT TO NYSE RULES 476(A) AND 477. 2. RICHARD WENDELL BABICH, BY REASON OF THE FACTS SET FORTH IN THE STATEMENT OF FACTS AND EXPLANATION ABOVE, VIOLATED RULE 351(D) BY FAILING TO NOTIFY THE FIRM OF A CUSTOMER COMPLAINT AND HE IS, THEREFORE, SUBJECT TO DISCIPLINE PURSUANT TO NYSE RULES 476(A) AND 477. 3. RICHARD WENDELL BABICH, BY REASON OF THE FACTS SET FORTH IN THE STATEMENT OF FACTS AND EXPLANATION ABOVE, CAUSED A VIOLATION OF SECTION 17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULES 17A-3 AND 17A-4 THEREUNDER, AND NYSE RULE 440, IN THAT HE MADE, OR CAUSED TO BE MADE, A FALSE ENTRY IN THE BOOKS AND RECORDS OF HIS MEMBER FIRM EMPLOYER AND HE IS, THEREFORE, SUBJECT TO DISCIPLINE PURSUANT TO NYSE RULES 476(A) AND 477. 4. RICHARD WENDELL BABICH, BY REASON OF THE FACTS SET FORTH IN THE STATEMENT OF FACTS AND EXPLANATION ABOVE, VIOLATED NYSE RULES 476 (A)(11) AND 477 IN THAT HE FAILED TO TIMELY COMPLY WITH ONE OR MORE WRITTEN REQUESTS BY ENFORCEMENT FOR INFORMATION CONCERNING A MATTER THAT OCCURRED PRIOR TO THE TERMINATION OF HIS EMPLOYMENT WITH HIS MEMBER FIRM EMPLOYER AND HE IS, THEREFORE, SUBJECT TO DISCIPLINE PURSUANT TO NYSE RULES 476(A) AND 477.

Decision

Censure

Bar

**11/15/07**DECISION 07-159 ISSUED BY NYSE HEARING BOARD DECISION: VIOLATED NYSE RULE 476(A)(6) BY FAILING TO FOLLOW CUSTOMER'S INSTRUCTIONS; CAUSED VIOLATION OF NYSE RULE 351(D) BY FAILING TO NOTIFY FIRM OF CUSTOMER COMPLAINT; CAUSED VIOLATION OF SECTION 17(A) SECURITIES EXCHANGE ACT, RULES 17A-3 AND 17A-4 THEREUNDER, AND NYSE RULE 440 BY MAKING OR CAUSING TO BE MADE FALSE ENTRY IN BOOKS AND RECORDS OF MEMBER FIRM EMPLOYER; VIOLATED NYSE RULES 476(A)(11) AND 477 BY FAILING TO TIMELY COMPLY WITH WRITTEN REQUESTS FOR INFORMATION. CENSURE AND ONE-YEAR BAR.