RIZEK v. S.E.C.

No. 99-2114.

215 F.3d 157 (2000)

Al RIZEK, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals, First Circuit.

Decided June 16, 2000.


Attorney(s) appearing for the Case

José R. Riguera, with whom John R. Squitero and Katz, Barron, Squitero & Faust, P.A. were on brief, for petitioner.

Catherine A. Broderick, Counsel to the Assistant General Counsel, with whom Mark Pennington, Assistant General Counsel, and Meyer Eisenberg, Deputy General Counsel, were on brief, for respondent.

Before LYNCH and LIPEZ, Circuit Judges, and KEETON, District Judge.


LYNCH, Circuit Judge.

Al Rizek was a vice president of PaineWebber Incorporated of Puerto Rico. Over a ten-month period in 1993 he churned the accounts of five customers, causing losses of approximately $195,000 on accounts with average balances that totaled about $700,000. This violated Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. 78j, and Rule 10b-5, 17 C.F.R. § 240.10b-5. Although his customers...

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