NYSE > Press Releases >10-13-2004 -
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Published on: 10/13/2004
Last Visited: 4/25/2005
Spear, Leeds & Kellogg Specialists LLC of New York City, a member firm conducting business as a specialist, and Howard Eisen of Livingston, N.J., a former managing director of the corporate relations department of the firm, consented without admitting or denying guilt to findings relating to the NYSE allocation policy and procedures, which govern the process by which securities are allocated to Exchange specialists.
An NYSE hearing panel found that, in April 2002, the firm failed to have adequate systems and procedures in place reasonably designed to ensure compliance with the allocation policy and procedures.In this regard, the firm - through Howard Eisen - had contact with a company, which was about to list its shares on the Exchange, during a period in the application process when it was impermissible to do so and also failed to disclose to the Exchange all contacts with the company six months prior to the time that allocation applications were solicited, resulting in the submission to the Exchange by the firm of an allocation application that contained a misstatement.
The NYSE imposed the following penalties: on the firm, a censure and $50,000 fine; and, on Eisen, a censure and $30,000 fine.The firm and Eisen consented to the penalties, respectively.
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