Sunshine Act Meeting, 21839 [E9-11077]

Download as PDF Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Notices SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94–409, that the Securities and Exchange Commission will hold an Open Meeting on Wednesday, May 13, 2009 at 10 a.m., in the Auditorium, Room L–002. The subject matter of the Open Meeting will be: The Commission will hear oral argument in an appeal by Thomas C. Bridge, James D. Edge, and Jeffrey K. Robles from the decision of an administrative law judge. The law judge found that Bridge, a registered representative formerly associated with A.G. Edwards, and Charles Sacco, another former A.G. Edwards registered representative who settled a related Commission proceeding against him, willfully violated Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, and Exchange Act Rule 10b–5 by taking action to ‘‘continue market timing after they had been restricted from doing so’’ by registered investment companies. The law judge further found that Edge, Bridge’s supervisor, failed reasonably to supervise Bridge with a view to preventing his antifraud violations, and that Robles, Sacco’s supervisor, failed reasonably to supervise Sacco. For these violations, the law judge imposed the following sanctions: Bridge was ordered to cease and desist from violating or causing violations of the antifraud provisions, to disgorge approximately $40,000 plus prejudgment interest, to pay a $250,000 civil penalty, and to serve a one-year suspension from associating with a broker or dealer. Edge and Robles were both ordered to pay a $250,000 civil penalty, were barred from associating with a broker or dealer in a supervisory capacity, and were suspended from associating with a broker or dealer in any capacity for thirty days. Among the issues likely to be argued are whether Bridge’s and Sacco’s conduct in connection with their market timing activity was fraudulent, whether Edge and Robles provided reasonable supervision under the circumstances, and, if so, whether and to what extent sanctions should be imposed on them. Commissioner Casey, as duty officer, determined that no earlier notice thereof was possible. At times, changes in Commission priorities require alterations in the scheduling of meeting items. VerDate Nov<24>2008 15:05 May 08, 2009 Jkt 217001 21839 For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 551–5400. SECURITIES AND EXCHANGE COMMISSION Dated: May 7, 2009. Elizabeth M. Murphy, Secretary. [FR Doc. E9–11015 Filed 5–7–09; 11:15 am] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change Relating to the Listing and Trading of Safety First Trust Certificates Linked to the Dow Jones Industrial Average BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94–409, that the Securities and Exchange Commission will hold an Open Meeting on Thursday, May 14, 2009 at 10 a.m., in the Auditorium, Room L–002. The subject matter of the Open Meeting will be: The Commission will consider custody-related matters, including whether to propose amendments to rule 206(4)–2 under the Investment Advisers Act of 1940 and related forms and rules. The proposed amendments would enhance the protections provided advisory clients when they entrust their funds and securities to an investment adviser. If adopted, the amendments would require investment advisers having custody of client funds and securities to obtain a surprise examination by an independent public accountant, and, unless the client assets are maintained with an independent custodian, obtain a review of custodial controls from an independent public accountant. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 551–5400. Dated: May 7, 2009. Elizabeth M. Murphy, Secretary. [FR Doc. E9–11077 Filed 5–7–09; 4:15 pm] BILLING CODE 8010–01–P PO 00000 [Release No. 34–59861; File No. SR– NYSEArca–2009–33] May 5, 2009. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that on April 22, 2009, NYSE Arca, Inc. (‘‘NYSE Arca’’ or the ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons and is approving the proposed rule change on an accelerated basis. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change NYSE Arca, through its wholly-owned subsidiary NYSE Arca Equities, Inc. (‘‘NYSE Arca Equities’’ or the ‘‘Corporation’’), proposes to list under NYSE Arca Equities Rule 5.2(j)(7) (‘‘Trust Certificates’’) Safety First Trust Series 2009–2, Principal-Protected Trust Certificates Linked to the Dow Jones Industrial Average. The text of the proposed rule change is available on the Exchange’s Web site at https:// www.nyx.com, at the Exchange’s principal office and at the Commission’s Public Reference Room. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item III below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements. 1 15 2 17 Frm 00065 Fmt 4703 Sfmt 4703 U.S.C. 78s(b)(1). CFR 240.19b–4. E:\FR\FM\11MYN1.SGM 11MYN1

Agencies

[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Notices]
[Page 21839]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11077]


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SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Public Law 94-409, that the Securities 
and Exchange Commission will hold an Open Meeting on Thursday, May 14, 
2009 at 10 a.m., in the Auditorium, Room L-002.
    The subject matter of the Open Meeting will be:
    The Commission will consider custody-related matters, including 
whether to propose amendments to rule 206(4)-2 under the Investment 
Advisers Act of 1940 and related forms and rules. The proposed 
amendments would enhance the protections provided advisory clients when 
they entrust their funds and securities to an investment adviser. If 
adopted, the amendments would require investment advisers having 
custody of client funds and securities to obtain a surprise examination 
by an independent public accountant, and, unless the client assets are 
maintained with an independent custodian, obtain a review of custodial 
controls from an independent public accountant.
    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed, please contact:
    The Office of the Secretary at (202) 551-5400.

    Dated: May 7, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-11077 Filed 5-7-09; 4:15 pm]
BILLING CODE 8010-01-P
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