Carlson Order Denying Motion for Subpoena
BEFORE THE NATIONAL ADJUDICATORY COUNCIL NASD ____________________________________ : In the Matter of : : Department of Enforcement, : DECISION : Complainant, : Complaint No. CAF980002 : vs. : : John Fiero : Dated: October 28, 2002 Jersey City, NJ : : : and : : : Pembroke Pines, FL : : and : : Fiero Brothers, Inc. : New York, NY, : : : Respondents : : ____________________________________: Firm and its president appeal findings that they, in cooperation with others, manipulated the market for certain securities and engaged in coercive conduct; and that they violated NASD's affirmative determination rule. Held, findings affirmed and sanctions of bar, expulsion, and fine upheld. Appearances For the Complainant Department of Enforcement: Robert L. Furst, Esq. and Jonathan I. Golomb, NASD Department of Enforcement. For the Respondents John Fiero and Fiero Brothers, Inc.: Martin H. Kaplan and Brian D. Graifman, Gusrae, Kaplan & Bruno; Martin P. Russo, MPR Law Practice, P.C.; Lewis D. Lowenfels, Tolins & Lowenfels. - 2 - Opinion John Fiero ("Fiero") and Fiero Brothers, Inc. ("Fiero Brothers" or "the Firm") (collectively, the "Fiero Respondents") appeal a December 6, 2000 decision of an NASD Hearing Panel. The Hearing Panel held that the Fiero Respondents, in cooperation with others and through the use of collusive trading activity, manipulated the market for certain securities, in violation of Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act"), Exchange Act Rule 10b-5, and Conduct Rules 2110 and 2120 and effected short sales of securities without making the affirmative determinations required by Conduct Rule 3370, in violation of Rules 2110 and 3370. In summary, the Hearing Panel found that the manipulation violation involved the Fiero Respondents' colluding with other short sellers to drive down the prices of several small-cap securities.
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