UNITED STATES OF AMERICA before the SECURITIES AND EXCHANGE COMMISSION SECURITIES EXCHANGE ACT OF 1934 Release No. 40061 / June 3, 1998 ADMINISTRATIVE PROCEEDING File No. 3-9618 : ORDER INSTITUTING ADMINISTRA- In the Matter of : TIVE PROCEEDINGS PURSUANT TO : SECTIONS 15(b) AND 19(h) OF JOSEPH MICELI, JR. : THE SECURITIES EXCHANGE ACT : OF 1934, MAKING FINDINGS AND Respondent. : IMPOSING REMEDIAL SANCTIONS : I The Securities and Exchange Commission ("Commission") deems it appropriate and in the public interest that public administrative proceedings be instituted pursuant to Sections 15(b) and 19(h) of the Securities Exchange Act of 1934 ("Exchange Act") against Respondent Joseph Miceli, Jr. ("Miceli" or "Respondent"). II In anticipation of the institution of these proceedings, Miceli has submitted an Offer of Settlement ("Offer") which the Commission has determined to accept. Solely for the purpose of these proceedings and any other proceedings brought by or on behalf of the Commission or to which the Commission is a party, and without admitting or denying the findings contained herein, except as to jurisdiction of the Commission over Respondent and over the subject matter of this proceeding, and except as to paragraphs III.A., and B., below, which are admitted. Respondent Miceli, by his Offer, consents to the entry of the findings and remedial sanctions set forth below. Accordingly, it is ordered that proceedings pursuant to Sections 15(b) and 19(h) of the Exchange Act be, and hereby are, instituted. III On the basis of this Order Instituting Administrative Proceedings Pursuant to Sections 15(b) and 19(h) of the Exchange Act, Making Findings and Imposing Remedial Sanctions ("Order"), and Respondent's Offer, the ======END OF PAGE 1====== Commission finds that: A. From March 1990 through September 1996, Miceli was a registered representative of a registered broker-dealer. B. On July 17, 1997, Miceli pled guilty to a one count criminal information charging him with conspiracy to commit securities fraud, mail fraud and wire fraud. United States v. Miceli, Case No. 96-6144-CR-GONZALEZ (S.D. Fla. 1996). C. The criminal information alleged that Miceli accepted undisclosed commissions of approximately $10,000 from a promoter for inducing his clients to purchase securities of certain issuers affiliated with the promoter. D. On July 17, 1997, Miceli was sentenced to five months in prison, three years of probation and ordered to pay $13,396 in restitution. IV In view of the foregoing, the Commission deems it appropriate and in the public interest to impose the sanctions specified in the Respondent's Offer. ACCORDINGLY, IT IS ORDERED that Miceli is hereby barred from association with any broker, dealer, municipal securities dealer, investment adviser or investment company. By the Commission. Jonathan G. Katz Secretary ======END OF PAGE 2======