

[Federal Register: January 27, 2006 (Volume 71, Number 18)]
[Notices]               
[Page 4624-4625]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ja06-92]                         

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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, Pub. L. 94-409, that the Securities and 
Exchange Commission will hold the following meeting during the week of 
January 30, 2006:
    An open meeting will be held on Monday, January 30, 2006 at 10 a.m. 
in Room L-002, the Auditorium.
    Commissioner Atkins as duty officer determined that no earlier 
notice thereof was possible.
    The subject matter of the open meeting scheduled for Monday, 
January 30, 2006 will be:
    The Commission will hear oral argument on an appeal by Vladlen 
``Larry'' Vindman and the Division of Enforcement from the decision of 
an administrativelaw judge. The law judge found that Vindman engaged in 
a scheme to inflate artificially the demand for and price of the stock 
of Marx Toys & Entertainment Corp. (``Marx''), a penny stock, in 
violation of Section 17(a) of the Securities Act of 1933, Section 10(b) 
of the Securities Exchange Act of 1934, and Exchange Act Rule

[[Page 4625]]

10b-5. The law judge imposed a cease-and-desist order on Vindman and 
barred him from participating in an offering of penny stock. She also 
imposed a third-tier civil money penalty in the amount of $20,000. In 
imposing the penalty, the law judge found that the $120,000 penalty 
requested by the Division, the maximum third-tier penalty allowed by 
statute for each act or omission found, was consistent with Commission 
precedent, but she reduced the penalty to $20,000, which she found took 
into account both the need for deterrence and record evidence bearing 
on Vindman's ability to pay. Vindman appeals from the law judge's 
findings of violation and the sanctions she imposed. The sole issue 
pressed in the Division's appeal is the amount of the civil penalty 
imposed.
    Among the issues likely to be argued are:
    1. Whether Vindman violated antifraud provisions by manipulating 
the market in Marx stock.
    2. If violations are found, what, if any, sanctions are warranted.
    3. If a civil penalty is warranted, whether and what amount Vindman 
is able to pay.
    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: January 24, 2006.
Nancy M. Morris,
Secretary.
[FR Doc. 06-835 Filed 1-25-06; 11:34 am]

BILLING CODE 8010-01-P
