March 23, 2010 Update
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
INVESTMENT ADVISERS ACT OF 1940
Release No. 3007 / March 23, 2010
ADMINISTRATIVE PROCEEDING
File No. 3-13827
In the Matter of
MARK K. TERUYA,
Respondent.
ORDER INSTITUTING
ADMINISTRATIVE PROCEEDINGS
PURSUANT TO SECTION 203(f) OF THE
INVESTMENT ADVISERS ACT OF 1940,
MAKING FINDINGS, AND IMPOSING
REMEDIAL SANCTIONS
I.
The Securities and Exchange Commission (“Commission”) deems it appropriate and in the public interest that public administrative proceedings be, and hereby are, instituted pursuant to Section 203(f) of the Investment Advisers Act of 1940 (“Advisers Act”) against Mark K. Teruya
(“Respondent”).
II.
In anticipation of the institution of these proceedings, Respondent has submitted an Offer of Settlement (the “Offer”) which the Commission has determined to accept. Solely for the purpose of these proceedings and any other proceedings brought by or on behalf of the Commission, or to which the Commission is a party, and without admitting or denying the findings herein, except as to the Commission’s jurisdiction over him and the subject matter of these proceedings, and the findings contained in Section III.2 below, which are admitted, Respondent consents to the entry of this Order Instituting Administrative Proceedings Pursuant to Section
203(f) of the Investment Advisers Act of 1940, Making Findings, and Imposing Remedial Sanctions (“Order”), as set forth below.
III.
On the basis of this Order and Respondent’s Offer, the Commission finds that:
1. From November 2004 through September 2007, Teruya was a registered representative associated with USA Wealth Management, an investment adviser registered with the Commission. Teruya, 37 years old, is a resident of Honolulu, Hawaii.
2. On March 1, 2010, a final judgment was entered by consent against Teruya, permanently enjoining him from future violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections
206(1) and 206(2) of the Advisers Act, in the civil action entitled Securities and Exchange Commission v. Senior Resources of Hawaii, Inc. and Mark K. Teruya, Civil Action Number CV-07-00467 HG (LEK), in the United States District Court for the District of Hawaii.
3. The Commission’s complaint alleged that Teruya fraudulently induced senior citizen clients and prospective clients to sign documents enabling him to liquidate their securities holdings by misrepresenting the purpose of the forms to the clients. Teruya would then use the forms to purchase insurance products and establish new investment accounts, without the clients’ authorization or knowledge, for which he would receive a commission or an advisory fee.
IV.
In view of the foregoing, the Commission deems it appropriate and in the public interest to impose the sanctions agreed to in Respondent Teruya’s Offer.
Accordingly, it is hereby ORDERED:
Pursuant to Section 203(f) of the Advisers Act, that Respondent Teruya be, and hereby is barred from association with any investment adviser;
Any reapplication for association by the Respondent will be subject to the applicable laws and regulations governing the reentry process, and reentry may be conditioned upon a number of factors, including, but not limited to, the satisfaction of any or all of the following: (a) any disgorgement ordered against the Respondent, whether or not the Commission has fully or partially waived payment of such disgorgement; (b) any arbitration award related to the conduct that served as the basis for the Commission order; (c) any self-regulatory organization arbitration award to a
customer, whether or not related to the conduct that served as the basis for the Commission order; and (d) any restitution order by a self-regulatory organization, whether or not related to the conduct that served as the basis for the Commission order.
By the Commission.
Elizabeth M. Murphy
Secretary
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