Through several of its employees at the branch office level and employees of an affiliate in the Office of General Counsel, the Firm made material misstatements to NYSE Regulation examiners relating to an on-site branch office examination relating to non-registered cold callers by

• providing the NYSE with inaccurate and deceptive information in response to various regulatory examination requests,
• instructing staff that an unapproved facsimile machine be hidden or removed, and
• by providing an inaccurate written statement in response to requests for information during an ongoing investigation.

Unlicensed Attorney

The Firm failed to properly supervise a registered person with the firm who held himself out as an attorney on firm stationery and business cards even though he was not licensed or admitted to practice before any state or federal bar.

Away Accounts

The Firm failed to

• provide letters from outside broker dealers, whose employees maintained accounts at the firm, confirming that they were aware of such accounts;
• receive and review duplicate confirmations and monthly account statements for accounts that employees maintained outside the firm;
• evidence the approval of such accounts; and
• send duplicate statement and confirmations to other firms whose employees had accounts at the firm.

Communications and Computers

The Firm failed to

• evidence review and supervision of incoming or outgoing written communications and facsimiles at certain branches;
• evidence the approval for certain employees to maintain computers and software; and
• review, supervise and/or evidence supervisory review of communications that employees sent and received with non-firm issued computers.

The Firm failed to place certain accounts on 90-day restrictions; evidence the review, approval and/or supervision of order errors and account designation changes; and date or properly date corrections for order errors and account designation changes. Also, the Firm failed to evidence the review, approval and/or supervision of certain personal computer forms that had been backdated at a branch; failed to approve and/or timely approve seminars that firm employees conducted, and maintain certain seminar-related materials; failed to review, approve and/or retain certain facsimiles, including Fax-2-Mail correspondence and/or evidence its review and approval; and failed to maintain its "control" fax machine in a secure location in one branch.