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STATE OF
OFFICE OF SECURITIES
121 STATE HOUSE STATION
AUGUSTA, ME
04333
ORDER BARRING FROM
ASSOCIATION 06-047-BAR
FINDINGS OF FACT AND CONCLUSIONS
OF LAW
1.
John S. Pettigrew (CRD #
2434275) is an individual who was licensed in
2.
From September 30, 1999,
to November 19, 2002, Pettigrew worked as a sales representative at the
3.
In 2000 and 2001,
Pettigrew solicited loans totaling $22,000 from Stephen Perham and Anna Marie
Stross-Perham, who were clients of Pettigrew and Morgan Stanley at the time.
First, in October or November 2000, Pettigrew borrowed $5,000 from them. Then,
in August 2001, he borrowed another $17,000 from them.
4.
By borrowing money
from clients, Pettigrew engaged in unlawful, dishonest or unethical practices in
the securities business.
5.
Pursuant to 32 M.R.S.A. §§
10313(1)(G) and 16702(1), the Securities Administrator may, after notice and
opportunity for hearing, issue an order barring a licensee from association with
any issuer, licensed broker-dealer or investment adviser if the Securities
Administrator finds that the order is in the public interest and that the
licensee has engaged in any unlawful, unethical or dishonest conduct in the
securities business.
6.
On May 25, 2006, the
Securities Administrator issued a Notice of Intent to Bar Pettigrew (the
“Notice”), giving him thirty days to request a hearing on the matter. A copy of
the Notice was served on Pettigrew.
7.
Pettigrew has not
requested a hearing or otherwise responded to the Notice.
8.
In accordance with 5
M.R.S.A. § 9053(3), and Section 19(1) of Office of Securities Rule Chapter 540,
the Securities Administrator may dispose of this proceeding by default.
FINAL ORDER
Now, THEREFORE, it is ORDERED
that Pettigrew is barred from associating with any issuer, broker-dealer, or
investment adviser.
Pursuant to 32 M.R.S.A. §§
10708 and 16702, this is a final order, entered after notice and opportunity for
hearing. Pursuant to 32 M.R.S.A. §§ 10709 and 16702, Pettigrew may obtain
judicial review of the order in the Superior Court of Kennebec County by filing
a petition within thirty (30) calendar days after receipt of this Order, in
accordance with 5 M.R.S.A. § 11001 et
seq. and Rule 80C of the Rules of Civil Procedure.
Date: July 24, 2006
s/Michael J. Colleran
Michael J. Colleran
Securities Administrator
Reviewed by:
Date: July 24, 2006
s/Bonnie E. Russell
Bonnie E. Russell
Assistant Securities Administrator
Presented by:
Date: July 24, 2006
s/Willis P. Smedberg
Willis P. Smedberg
Investigator / Examiner