Initiated By
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Allegations
+05/09/2001+ SEC RELS. #6381, 18483, A.P. FILE #3-6095, DATED 02/11/1982, DISCLOSES: THE SEC INSTITUTED PROCEEDINGS AGAINST CHARLES TOMASHESKI ("TOMASHESKI") PURSUANT TO SECS. 15(B) & 19(H) OF THE SECURITIES EXCHANGE ACT OF 1934 ("EXCHANGE ACT"). THE PROCEEDINGS ARE TO DETERMINE WHETHER RESPONDENT HAS WILLFULLY VIOLATED OR WILLFULLY AIDED AND ABETTED VIOLATIONS OF PROVISIONS OF THE SECURITIES ACT OF 1933 ("SECURITIES ACT") AND THE EXCHANGE ACT AND RULES THEREUNDER AND RULES OF THE MUNICIPAL SECURITIES RULEMAKING BOARD ("MSRB"). THE SEC ALLEGED THAT TOMASHESKI HAD FOUR CUSTOMERS WHO PURCHASED MUNICIPAL BONDS WITH CURRENCY, REQUESTED ANONYMITY AND WHO ADVISED HIM THAT THEY DID NOT WANT DOCUMENTS CONCERNING TRANSACTIONS SENT TO THEIR RESIDENCES OR PLACES OF BUSINESS. IN ORDER TO ACCOMMODATE THESE CUSTOMER REQUESTS, TOMASHESKI OPENED ACCOUNTS AT BROKER-DEALER FIRM ("FIRM") IN AT LEAST TEN FICTITIOUS NAMES. TOMASHESKI PREPARED NEW ACCOUNT CARDS WITH FICTITIOUS NAMES AND ADDRESSES AND OTHER FALSE INFORMATION FOR EACH ACCOUNT. TRANSACTIONS WERE AFFECTED AND CONFIRMATIONS PREPARED FOR THE ACCOUNTS OPENED IN EACH OF THESE FICTITIOUS NAMES. THE PURCHASES AND SALES FOR TOMASHESKI'S CUSTOMERS WERE RECORDED ON FIRM'S BLOTTER AND CUSTOMER ACCOUNT LEDGER IN THE FICTITIOUS NAMES. TOMASHESKI ACCEDED TO HIS CUSTOMERS' REQUESTS CONCERNING RECORDS BY DESTROYING THE CUSTOMER COPIES OF THE CONFIRMATIONS. TOMASHESKI WAS THE REGISTERED REPRESENTATIVE FOR SEVERAL CUSTOMERS WHO REQUESTED ANONYMITY AND TOMASHESKI ACCOMMODATED THESE REQUESTS BY OPENING ACCOUNTS IN FICTITIOUS NAMES AND DESTROYING CONFIRMATIONS. TWO CUSTOMERS PURCHASED MUNICIPAL SECURITIES THROUGH A JOINT ACCOUNT WITH CURRENCY AND ASKED NOT TO RECEIVE ANY DOCUMENTS CONCERNING THEIR TRANSACTIONS. RELYING UPON THE FACT THAT THE CUSTOMERS DID NOT RECEIVE CONFIRMATIONS AND THAT THEIR REMITTANCE WAS IN THE FORM OF CURRENCY, TOMASHESKI OVERCHARGED THEM AT LEAST $700 ON A MUNICIPAL SECURITIES TRANSACTION IN FEBRUARY 1978.
Resolution
Order
Sanctions
Suspension
Sanction Details
IT IS ORDERED THAT TOMASHESKI BE, AND HE HEREBY IS, SUSPENDED FROM BEING ASSOCIATED WITH ANY BROKER, DEALER OR MUNICIPAL SECURITIES DEALER FOR A PERIOD OF FORTY-FIVE DAYS COMMENCING ON MARCH 1, 1982; PROVIDED HOWEVER THAT AN ORDER SHALL BE ENTERED BARRING TOMASHESKI FROM BEING ASSOCIATED WITH ANY BROKER, DEALER OR MUNICIPAL SECURITIES DEALER, TO WHICH TOMASHESKI CONSENTS IN HIS OFFER OF SETTLEMENT SUBMITTED HEREIN, UPON ANY FINDING BY THE COMMISSION THAT, AFTER THE ENTRY OF THE ORDER HEREIN, HE HAS WILLFULLY VIOLATED OR HAS WILLFULLY AIDED AND ABETTED THE VIOLATION OF ANY PROVISION OF THE SECURITIES ACT, THE EXCHANGE ACT OR RULES PROMULGATED THEREUNDER OR THE RULES OF THE MUNICIPAL SECURITIES RULEMAKING BOARD.
Broker Comment
SIMULTANEOUSLY WITH THE COMMISSIONS INSTITUTING
PROCEEDINGS AGAINST JB HANAUER & CO., THE RESPONDENTS SUBMITTED
OFFERS OF SETTLEMENT WITHOUT ADMITTING OR DENYING THE
COMMISSIONS FINDINGS AND CONSENTED TO THE ISSUANCE OF THE
RESULTANT ORDER BY THE COMMISSION.