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<<<DJ NASD Appeals SEC Order To Overturn Elgindy Decision
By Carol S. Remond
A Dow Jones Newswires Column
NEW YORK (Dow Jones)--In an unprecedented move, NASD is appealing a
and Exchange Commission's decision to set aside an NASD disciplinary ruling.
In a petition filed last week with the United District Court of Appeals
the District of Columbia Circuit, NASD asked the court to review a March 10
order that overturned most of an NASD decision against Anthony Elgindy.
NASD is a self-regulatory organization that oversees broker dealers and
members of the financial community. NASD routinely investigates and brings
regulatory actions against firms or individuals found to have violated
In a very unusual set of circumstances, NASD, which itself is regulated
the SEC, seems to have decided that the Elgindy case is important enough to
on its own regulator.
NASD had found that Elgindy and Key West Securities Inc, a brokerage firm
owned, attempted to manipulate the market for Saf T Lock stock in 1997. NASD
2003 barred Elgindy from association with any NASD firm, expelled Key West
fined Elgindy and his firm $51,000.
Elgindy appealed the NASD decision to the SEC. And in an embarrassing
for the NASD, the SEC in March dismissed most of the findings, overturning
Elgindy's ban, his firm's expulsion and ordering that $50,000 of the
$51,000 fine be dismissed.
A controversial short seller, Elgindy is now in jail awaiting trial on
criminal charges of securities fraud and racketeering. He was recently
at a New York airport attempting to board a plane with a fake
Elgindy and five co-defendants were charged in 2002 on charges they
drive down the price of the shares of companies they targeted in a
scheme which involved the use of confidential government information.
A spokeswoman for the NASD declined to comment.
-By Carol S. Remond; Dow Jones Newswires; 201 938 2074;