UNITED STATES SECURITIES AND EXCHANGE COMMISSION SECURITIES ACT OF 1933 Release No. 7603 / October 27, 1998 ADMINISTRATIVE PROCEEDING File No. 3-9770 Order Instituting Proceedings against Maynard Matt Smith The Commission announced the institution of a cease-and-desist proceeding against Maynard Matt Smith ("Smith") alleging that he was a cause of violations of the antitouting provision of the federal securities laws. The Order alleges that from June 1997 through June 1998, Smith received approximately $4,500 per month from the author and publisher of investment newsletters (hereinafter the "author") for researching public companies and writing and editing articles. Smith was not directly involved in the circulation or publication of the investment newsletters. Smith reviewed and edited one of the author's investment newsletters, dated September 8, 1997, recommending the stock of an issuer. At the time Smith reviewed and edited this newsletter, Smith and the author were negotiating with that issuer and anticipated that they would each receive $2,500 per month from that issuer. This newsletter did not disclose that they anticipated compensation or the amount of compensation anticipated from that issuer. As a result of this conduct, staff allege that Smith caused violations of Section 17(b) of the Securities Act of 1933. A hearing will be held to determine whether the allegations are true and if so, whether to issue a cease-and-desist order.