[Federal Register Volume 69, Number 190 (Friday, October 1, 2004)]
[Notices]
[Pages 58984-58985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22284]


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SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meetings

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Pub. L. 94-409, that the Securities and 
Exchange Commission will hold the following meetings during the week of 
October 4, 2004:

    Closed meetings will be held on Monday, October 4, 2004 at 10 
a.m., and Thursday, October 7, 2004 at 2:15 p.m. An open meeting 
will be held on Wednesday, October 6 at 10 a.m. in Room 6600.

    Commissioners, Counsel to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the closed meetings. 
Certain staff members who have an interest in the matters may also be 
present.
    The General Counsel of the Commission, or his designee, has 
certified that, in his opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(5), (7), (9)(B), and (10) and 17 CFR 200.402(a)(5), 
(7), 9(ii) and (10), permit consideration of the scheduled matters at 
the closed meetings.
    Commissioner Atkins, as duty officer, voted to consider the items 
listed for the closed meetings in closed session and that no earlier 
notice thereof was possible.
    The subject matter of the closed meeting scheduled for Monday, 
October 4, 2004 will be:

    Institution and settlement of injunctive action; and
    Institution and settlement of administrative proceedings of an 
enforcement nature.

    The subject matter of the open meeting scheduled for Wednesday, 
October 6, 2004 will be:

    The Commission will hear oral argument in an appeal by Michael 
Batterman, an investment adviser, and by Randall B. Batterman III 
from an initial decision of an administrative law judge. On motion 
for summary disposition, the law judge found that the Battermans had 
been permanently

[[Page 58985]]

enjoined from future violations of Section 17(a) of the Securities 
Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, 
Exchange Act Rule 10b-5, and Sections 206(1) and 206(2) of the 
Investment Advisers Act of 1940. The law judge barred the Battermans 
from association with any investment adviser.
    Among the issues likely to be considered are:
    1. Whether Federal Rule of Civil Procedure 36(b) provides that 
the district court injunction may not be used as a basis for this 
proceeding where the district court deemed that the Battermans had 
admitted certain allegations in Requests for Admissions filed by the 
Commission based on their failure to deny properly those 
allegations;
    2. Whether the doctrine of collateral estoppel precludes the 
Battermans' challenge to the district court's findings;
    3. Whether Randall Batterman was ``a person associated with an 
investment adviser'' within the meaning of the Advisers Act; and
    4. Whether sanctions are appropriate in the public interest.

    The subject matter of the closed meeting scheduled for Thursday, 
October 7, 2004 will be:

    Formal orders of investigations;
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings of an 
enforcement nature; and an
    Adjudicatory matter.

    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items. For further information and to 
ascertain what, if any, matters have been added, deleted or postponed, 
please contact:
    The Office of the Secretary at (202) 942-7070.

    Dated: September 29, 2004.
Jonathan G. Katz,
Secretary.
[FR Doc. 04-22284 Filed 9-29-04; 4:00 pm]
BILLING CODE 8010-01-M