EDWARD CONNER et al.,
Now on the 29th day of May, 2012, the Commissioner of Securities Matt Kitzi, after reviewing the Respondent Ed Conner’s Motion to Amend Final Order Regarding Costs, Penalties and Restitution, filed by Respondent Edward Conner, and other items, issues the following order:
In the Final Order to Cease and Desist as to Respondents Conner and Reisner and Order Imposing Civil Penalties and Restitution issued in this matter on April 18, 2007 (the "Final Order"), Respondent Conner was ordered to pay $13,000 in restitution to a Missouri investor.
On September 8, 2008, the Commissioner issued an amendment to the Final Order, extending certain payment obligations for Respondent Conner.
On February 17, 2012, Respondent Conner submitted Respondent Ed Conner's Motion to Amend Final Order Regarding Costs, Penalties and Restitution.
On March 15, 2012, the Commissioner held a hearing on Respondent Conner's February 17, 2012 motion. That hearing was held over to May 16, 2012. During the May 16 hearing, the parties discussed possible amendments to the terms of Respondent Conner's ordered restitution obligation.
Respondent Conner has complied with a portion of his restitution obligations under the Final Order, as amended. To date, Respondent Conner has paid $7,175 to the Missouri Investor Restitution Fund. He currently owes $5,825 under the Final Order.
Respondent Conner is hereby ordered to pay $4,400 to the Missouri Investor Restitution Fund no later than May 31, 2012.
Respondent Conner is hereby ordered to pay the balance of his restitution obligation which, subsequent to the required $4,400 payment under paragraph 6, above, will be $1,425, to the Missouri Investor Restitution Fund by no later than January 1, 2013. Respondent Conner shall make a payment to the Missouri Investor Restitution Fund on July 1, 2012, of no less than $150, and shall make an additional monthly payment on the first of each month thereafter, at a minimum of $150, until Respondent Conner's restitution obligation is paid in full, no later than January 1, 2013.
Should Respondent Conner comply with all provisions of this Amended Order of Restitution, Respondent Conner's obligation to pay a civil penalty, currently suspended as provided under paragraph F of the Final Order and as amended in the September 8, 2008 amendment, shall be fully and finally waived. In the event that Respondent Conner fails to fully comply with this Amended Order of Restitution including, without limitation, the provisions concerning: 1) a $4,400 payment by May 31, 2012; 2) a minimum $150 monthly payment; and 3) a complete satisfaction of the restitution obligation by January 1, 2013, or the remaining and effective paragraphs of the Final Order, the suspended civil penalty payments described in Paragraph B of the Final Order and as amended, below, shall become immediately due and payable, under operation of law.
Paragraphs D and F of the Final Order are hereby vacated and are no longer of any effect.
Paragraph B of the Final Order is hereby amended to read, in its entirety, as follows:
Pursuant to Section 409.6-604(d), RSMo., Respondent Conner shall pay, subject to paragraph 8 of the Amended Order of Restitution issued May 29, 2012, the sum of twenty thousand dollars ($20,000) to the State of Missouri as civil penalties for multiple violations of Sections 409.3-301, 409-4.401, and 409.5-501, RSMo. (Cum. Supp. 2005). This amount shall be sent to the Secretary of State and made payable to the State of Missouri, and the Secretary of State shall forward these funds to the state treasury for the benefit of county and township school funds as provided in Article IX, Section 7 of the Constitution of Missouri. Respondents shall deliver this payment to the Securities Division, 600 W. Main Street, PO Box 1276, Jefferson City, Missouri 65102.
Only Paragraphs D and F under the "ORDER" section of the Final Order are affected by this Amendment, and all other provisions of such order shall remain as stated therein.
SECRETARY OF STATE
MATTHEW D. KITZI
COMMISSIONER OF SECURITIES
I hereby certify that on this 29th day of May, 2012, a copy of the foregoing AMENDED ORDER OF RESTITUTION, filed in the above-styled case, was mailed to:
Kevin T. Lake
Lake, Gantz, Lake & Price, L.L.C.
7777 Bonhomme Avenue, Suite 1501
St. Louis, Missouri 63105
ATTORNEY FOR ED CONNER
And by hand-delivery to:
Enforcement Section, Securities Division