Sunshine Act Meetings, 34602 [E9-17001]
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34602
Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / Notices
scheduling of meeting items. 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: July 14, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9–17091 Filed 7–14–09; 4:15 pm]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meetings
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 Closed Meetings
on Monday, July 20, 2009 at 3 p.m. and
on Tuesday, July 21, 2009 at 2 p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the Closed Meetings. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(10) and 17 CFR
200.402(a)(10), permit consideration of
the scheduled matters at the Closed
Meetings.
Commissioner Casey, as duty officer,
voted to consider the items listed for the
Closed Meetings in a closed session.
The subject matter of the Closed
Meetings scheduled for Monday, July
20, 2009 and Tuesday, July 21, 2009
will be: Post-argument discussions.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
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: July 13, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9–17001 Filed 7–15–09; 8:45 am]
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BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meetings
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
VerDate Nov<24>2008
15:08 Jul 15, 2009
Jkt 217001
the Securities and Exchange
Commission will hold Open Meetings
on Monday, July 20, 2009 at 2 p.m. and
Tuesday, July 21, 2009 at 10 a.m., in the
Auditorium, Room L–002.
The subject matter of the July 20, 2009
Open Meeting will be:
The Commission will hear oral
argument in an appeal by Joseph John
VanCook from the decision of an
administrative law judge. The law judge
found that VanCook, a registered
representative formerly associated with
Pritchard Capital Partners, LLC,
willfully violated Section 10(b) of the
Securities Exchange Act of 1934 and
Exchange Act Rule 10b-5 by
orchestrating a fraudulent scheme
involving material misrepresentations to
permit his clients to ‘‘late trade’’ shares
of certain registered investment
companies. The law judge also found
that VanCook aided and abetted and
willfully caused Pritchard Capital’s
clearing broker to violate Rule 22c–1 of
the Investment Company Act of 1940.
The law judge further found that
VanCook aided and abetted and
willfully caused Pritchard Capital to
violate Exchange Act Section 17(a)(1)
and Exchange Act Rule 17a–3(a)(6) for
failing to make and keep current certain
books and records. For these violations,
the law judge barred VanCook from
association with any broker or dealer or
investment company, imposed a ceaseand-desist order against him, ordered
disgorgement of $538,565.70, plus
prejudgment interest, and assessed a
$100,000 third-tier civil money penalty.
Among the issues likely to be argued
are whether VanCook’s conduct was
fraudulent, whether he aided and
abetted and/or caused a violation of
Rule 22c–1, whether he aided and
abetted and/or caused his firm to fail to
make and keep accurate books and
records, and, if so, whether and to what
extent sanctions should be imposed on
him.
The subject matter of the July 21, 2009
Open Meeting will be:
The Commission will hear oral
argument in an appeal by the Division
of Enforcement from the decision of an
administrative law judge in a
proceeding brought pursuant to
Commission Rule of Practice 102(e). The
law judge found that the conduct of
Kevin Hall, CPA and Rosemary Meyer,
CPA, in connection with the fiscal year
(‘‘FY’’) 1999 audit of the financial
statements of U.S. Foodservice, Inc.
(‘‘USF’’) and the interim review of
USF’s second quarter FY 2000 financial
statements, was not improper under the
Rule.
Among the issues likely to be argued
are whether Hall and Meyer failed to
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Frm 00054
Fmt 4703
Sfmt 4703
exercise due professional care in the
planning and performance of the audit,
failed to obtain sufficient competent
evidential matter to afford a reasonable
basis for an opinion regarding the
financial statements under audit, and
failed to act in accordance with
professional standards in connection
with the interim review. The parties
may also address whether and to what
extent Hall and Meyer should be
sanctioned if they are found to have
engaged in improper professional
conduct.
The Commission also will hear oral
argument in an appeal by Gregory O.
Trautman from the decision of an
administrative law judge. The law judge
found that Trautman, co-founder,
president, and chief executive officer of
Trautman Wasserman & Company,
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 engaging in
a scheme to defraud mutual funds and
their shareholders through late trading
and deceptive market timing. The law
judge also found that Trautman
willfully aided and abetted, and was a
cause of, Trautman Wasserman &
Company’s violations of Exchange Act
Section 15(c) and Exchange Act Rule
10b–3, and willfully aided and abetted,
and was a cause of, Trautman
Wasserman & Company’s clearing firm’s
violations of Rule 22c–1 of the
Investment Company Act of 1940. For
these violations, the law judge barred
Trautman from association with any
broker or dealer, prohibited him from
serving or acting in various capacities
with respect to a registered investment
company, imposed a cease-and-desist
order, ordered disgorgement of
$1,373,799.75, plus prejudgment
interest, and assessed a $500,000 thirdtier civil money penalty.
Among the issues likely to be argued
are whether Trautman’s conduct was
fraudulent, whether he aided and
abetted and/or caused a violation of
Investment Company Act Rule 22c–1,
whether he aided and abetted and/or
caused his firm’s violations, and, if so,
whether and to what extent sanctions
should be imposed on him.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
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.
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16JYN1
Agencies
[Federal Register Volume 74, Number 135 (Thursday, July 16, 2009)]
[Notices]
[Page 34602]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17001]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meetings
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 Closed Meetings on Monday, July 20,
2009 at 3 p.m. and on Tuesday, July 21, 2009 at 2 p.m.
Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meetings.
Certain staff members who have an interest in the matters also may be
present.
The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(10) and 17 CFR 200.402(a)(10), permit consideration
of the scheduled matters at the Closed Meetings.
Commissioner Casey, as duty officer, voted to consider the items
listed for the Closed Meetings in a closed session.
The subject matter of the Closed Meetings scheduled for Monday,
July 20, 2009 and Tuesday, July 21, 2009 will be: Post-argument
discussions.
At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
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: July 13, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-17001 Filed 7-15-09; 8:45 am]
BILLING CODE 8010-01-P