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DONATAS BELYS VILDZIUS (CRD Number 2202883) * * * * * * * * * * * * * * * * |
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CONSENT ORDER |
NOW THEREFORE, THE COMMISSIONER ORDERS AS FOLLOWS:
1. | Vildzius shall comply in all respects with the 2006 AWC, including the restitutionary payment schedule set forth therein. Vildzius shall also file with the Division Director, at the same time that he has made such filings with the NASD, periodic proof that he has paid the bimonthly restitution payments required by the 2006 AWC. This obligation shall cease only when Vildzius has furnished proof to the Division that the restitutionary amount has been paid in full. If, as stated in the 2006 AWC, Vildzius cannot locate the affected investor after reasonable and documented efforts made within the period agreed to by NASD staff, Vildzius shall immediately notify the Division Director in writing of such fact. Should Vildzius become obligated to forward undistributed restitution and interest to the escheat, unclaimed property or abandoned property fund for the state where the investor was last known to have resided, Vildzius shall file with the Division Director evidence he has so forwarded the unclaimed funds to the appropriate state authority in accordance with the 2006 AWC; |
2. | While Vildzius is associated with Source Capital Group, Inc., Source Capital Group, Inc. shall observe, and Vildzius shall abide by, the following procedures with respect to Vildzius’ activities as an agent: (a) Vildzius will be subject to supervisory oversight by a qualified principal and will not manage or supervise himself or the securities-related activities of other agents transacting business for Connecticut residents or from Connecticut; (b) All outgoing written securities-related communications, including, without limitation, correspondence, advertising, newsletters, client literature and e-mail, from Vildzius will be approved or initialed by Vildzius’ supervisor before the communication is mailed or otherwise disseminated, and a copy of such communication shall be delivered to the compliance department to be maintained in Vildzius’ file; (c) All incoming written securities-related communications, including correspondence and e-mail, directed to Vildzius shall be forwarded to Vildzius’ supervisor for review, and a copy of all such securities-related communications maintained in a separate on-site communications file; (d) All order tickets reflecting securities transactions effected by Vildzius will be signed by Vildzius’ supervisor or, in the supervisor’s absence, by the backup supervisor; and (e) Vildzius’ supervisor will review all monthly statements relating to accounts serviced by Vildzius, and will initial the firm’s copy of each such monthly statement to show that the supervisor has reviewed it; |
3. | During the term of his association with Source Capital Group, Inc., Vildzius shall be supervised by David Harris (Central Registration Depository number 237802), an individual unrelated to Vildzius, who holds the position of President, and who shall be located in the same office and in close physical proximity to Vildzius. Should David Harris be unable to perform such supervisory functions, Source Capital Group, Inc. shall notify the Division Director concerning the identity of David Harris’ successor within five business days following David Harris’ cessation of such activities; |
4. | For so long as Vildzius remains associated with Source Capital Group, Inc., but no later than two years from the date hereof, Source Capital Group, Inc. shall notify the Division Director in writing each calendar quarter of any securities-related complaints, actions or proceedings (including arbitrations and updates thereto) involving Vildzius which occur during the quarter, including the disposition thereof. Such report shall be provided no later than ten business days following the close of the quarter and shall include any written reprimands, censures or warnings issued by Source Capital Group, Inc. to Vildzius. If no complaints, actions, proceedings, firm actions or updates exist for the quarter, the report shall so indicate. The first report shall cover the quarter ending September 30, 2006, and the final report shall cover the quarter ending June 30, 2008; |
5. | Entry of this Consent Order Conditioning Registration as an Agent is without prejudice to the right of the Commissioner to take enforcement action against Vildzius for violations of this Consent Order Conditioning Registration as an Agent, or based on the predicate for its entry, if the Commissioner determines that compliance is not being observed with the terms hereof; |
6. | The name of Donatas Belys Vildzius be and is hereby entered on the Register of Agents pursuant to Section 36b-8 of the Act; and |
7. | This Consent Order Conditioning Registration as an Agent shall become final when issued. |
________/s/_________
John P. Burke
Banking Commissioner
So ordered at Hartford, Connecticut
this 29th day of August 2006.
CONSENT TO ENTRY OF ORDER
I, Donatas Belys Vildzius, being duly sworn, do state that I agree voluntarily and without threat or coercion of any kind to the entry of this Consent Order Conditioning Registration as an Agent, voluntarily waiving any right to a hearing on the matters described herein.
________/s/_______________
Donatas Belys Vildzius
Subscribed and sworn to before me this 24 day of August 2006.
_______________/s/_______________________
Notary Public
My Commission Expires: June 30, 2008
I, David Harris, President of Source Capital Group, Inc., state on behalf of that entity that I have read the foregoing Consent Order Conditioning Registration as an Agent with respect to Donatas Belys Vildzius ; that I know and fully understand its contents; that I am authorized to execute the same on behalf of Source Capital Group, Inc.; and that Source Capital Group, Inc. agrees freely and without threat or coercion of any kind to comply with the terms and conditions stated herein with respect to Donatas Belys Vildzius , expressly waiving any right to a hearing on the matters described herein.
Source Capital Group, Inc.
By
________/s/_______________
David Harris
President
On this 24 day of August, 2006, personally appeared David Harris, signer of the foregoing Consent Order Conditioning Registration as an Agent with respect to Donatas Belys Vildzius, who, being duly sworn, did acknowledge to me that he was authorized to execute the same on behalf of Source Capital Group, Inc. and acknowledged the same to be his free act and deed, before me.
_______________/s/_______________________
Notary Public
My Commission Expires: June 30, 2008