FIRST INDEPENDENCE GROUP, INC. v. S.E.C.

No. 1382, Docket 93-4233.

37 F.3d 30 (1994)

FIRST INDEPENDENCE GROUP, INC.; Frank P. Giraldi and Mark S. Milana, Petitioners, v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals, Second Circuit.

Decided April 29, 1994.

Filed October 5, 1994.


Attorney(s) appearing for the Case

Steven J. Popkin, New York City (Dominick J. Porto, New York City, of counsel), for petitioners.

Judith R. Starr, Sr. Litigation Counsel, S.E.C., Washington, DC (Simon M. Lorne, General Counsel, Jacob H. Stillman, Associate General Counsel, Ross A. Albert, Sr. Counsel, Paul Gronson, Sol., S.E.C., Washington, DC), for respondent.

Before: ALTIMARI, McLAUGHLIN and JACOBS, Circuit Judges.


ALTIMARI, Circuit Judge:*

Petitioners First Independence Group, Inc. ("FIG"), Frank P. Giraldi, and Mark S. Milana (collectively, "petitioners") appeal from an order of the Securities and Exchange Commission ("SEC"), affirming disciplinary action taken against them by the National Association of Securities Dealers ("NASD"). The NASD imposed sanctions on petitioners for, among other things, charging unfair and fraudulent markups to their...

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