Sunshine Act Meeting, 13426 [2016-05802]

Download as PDF 13426 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices new Participant’s name in Section 3(a) of the Plan; and (b) submit the executed Plan to the Commission. The Plan then provides that such an amendment will be effective when the amendment is approved by the Commission or otherwise becomes effective pursuant to Section 11A of the Act and Rule 608 thereunder. II. Effectiveness of the Proposed Linkage Plan Amendment The foregoing Plan amendment has become effective pursuant to Rule 608(b)(3)(iii) 6 because it involves solely technical or ministerial matters. At any time within sixty days of the filing of this amendment, the Commission may summarily abrogate the amendment and require that it be refiled pursuant to paragraph (a)(1) of Rule 608,7 if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors or the maintenance of fair and orderly markets, to remove impediments to, and perfect the mechanisms of, a national market system or otherwise in furtherance of the purposes of the Act. III. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the amendment is consistent with the Act. Comments may be submitted by any of the following methods: jstallworth on DSK7TPTVN1PROD with NOTICES Electronic Comments • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an email to rule-comments@ sec.gov. Please include File Number 4– 546 on the subject line. Paper Comments • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549–1090. All submissions should refer to File Number 4–546. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s Internet Web site (https://www.sec.gov/rules/ sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written 6 17 CFR 242.608(b)(3)(iii). 7 17 CFR 242.608(a)(1). VerDate Sep<11>2014 14:27 Mar 11, 2016 Jkt 238001 communications relating to the amendment between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission’s Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of ISE Mercury. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number 4–546 and should be submitted on or before April 4, 2016. By the Commission. Robert W. Errett, Deputy Secretary. respondent pay a third-tier civil penalty of $130,000, and barred each respondent. She also ordered that Riad disgorge $188,948.52 plus prejudgment interest. Respondents appealed the initial decision’s findings of violations and the sanctions imposed. The issues likely to be considered at oral argument include, among other things, whether respondents violated the securities laws and, if so, what sanction, if any, is appropriate in the public interest. For further information, please contact the Office of the Secretary at (202) 551–5400. Dated: March 9, 2016. Brent J. Fields, Secretary. [FR Doc. 2016–05802 Filed 3–10–16; 4:15 pm] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [FR Doc. 2016–05599 Filed 3–11–16; 8:45 am] [Release No. 34–77316; File No. SR–MSRB– 2016–03] BILLING CODE 8011–01–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 Wednesday, March 16, 2016 at 1:30 p.m., in the Auditorium (L–002) at the Commission’s headquarters building, to hear oral argument in an appeal from an initial decision of an administrative law judge by respondents Mohammed Riad and Kevin Timothy Swanson. On April 21, 2014, the ALJ found that respondents violated the antifraud provisions of the securities laws while associated with an investment adviser responsible for managing the portfolio of a closed-end investment company, the Fiduciary/Claymore Dynamic Equity Fund (the ‘‘Fund’’). Specifically, the ALJ found that respondents misrepresented and omitted material information about two newly implemented derivative strategies in the Fund’s 2007 annual report and May 2008 semiannual report. The ALJ also found that Riad caused the Fund’s violation of Investment Company Rule 8b–16(b), which requires closed-end funds to disclose in their annual reports any material change in their investment objectives, policies, and risk factors. For these violations, the ALJ imposed cease-and-desist orders, order that each PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Consisting of an Amendment to Rule G–33, on Calculations, and an Interpretive Notice March 8, 2016. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’ or ‘‘Exchange Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that on February 23, 2016, the Municipal Securities Rulemaking Board (the ‘‘MSRB’’ or ‘‘Board’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’ or ‘‘SEC’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the MSRB. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The MSRB filed with the Commission a proposed rule change consisting of a proposed amendment to Rule G–33, on calculations, and a proposed interpretive notice (the ‘‘proposed rule change’’). The MSRB has designated the proposed rule change as ‘‘noncontroversial’’ pursuant to Section 19(b)(3)(A)(iii) of the Act 3 and Rule 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A)(iii). 2 17 E:\FR\FM\14MRN1.SGM 14MRN1

Agencies

[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Notices]
[Page 13426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05802]


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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 Wednesday, March 
16, 2016 at 1:30 p.m., in the Auditorium (L-002) at the Commission's 
headquarters building, to hear oral argument in an appeal from an 
initial decision of an administrative law judge by respondents Mohammed 
Riad and Kevin Timothy Swanson.
    On April 21, 2014, the ALJ found that respondents violated the 
antifraud provisions of the securities laws while associated with an 
investment adviser responsible for managing the portfolio of a closed-
end investment company, the Fiduciary/Claymore Dynamic Equity Fund (the 
``Fund''). Specifically, the ALJ found that respondents misrepresented 
and omitted material information about two newly implemented derivative 
strategies in the Fund's 2007 annual report and May 2008 semiannual 
report. The ALJ also found that Riad caused the Fund's violation of 
Investment Company Rule 8b-16(b), which requires closed-end funds to 
disclose in their annual reports any material change in their 
investment objectives, policies, and risk factors.
    For these violations, the ALJ imposed cease-and-desist orders, 
order that each respondent pay a third-tier civil penalty of $130,000, 
and barred each respondent. She also ordered that Riad disgorge 
$188,948.52 plus prejudgment interest.
    Respondents appealed the initial decision's findings of violations 
and the sanctions imposed. The issues likely to be considered at oral 
argument include, among other things, whether respondents violated the 
securities laws and, if so, what sanction, if any, is appropriate in 
the public interest.
    For further information, please contact the Office of the Secretary 
at (202) 551-5400.

    Dated: March 9, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-05802 Filed 3-10-16; 4:15 pm]
 BILLING CODE 8011-01-P
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