UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION SECURITIES EXCHANGE ACT OF 1934 Release No. 40259 / July 23, 1998 ADMINISTRATIVE PROCEEDING File No. 3-9655 : ORDER INSTITUTING PUBLIC In the Matter of : PROCEEDINGS PURSUANT TO : SECTIONS 15(b) AND 19(h) ROSARIO RUSSELL RUGGIERO : OF THE SECURITIES EXCHANGE : ACT OF 1934, MAKING FINDINGS, : AND IMPOSING SANCTIONS : I. The Securities and Exchange Commission deems it appropriate and in the public interest to institute public administrative proceedings against the Respondent, Rosario Russell Ruggiero, pursuant to Sections 15(b) and 19(h) of the Securities Exchange Act of 1934 ("Exchange Act"). II. In anticipation of the institution of these administrative proceedings, Ruggiero has submitted an Offer of Settlement ("Offer") to the Commission, which the Commission has determined to accept. Solely for the purpose of this proceeding and any other proceeding brought by, or on behalf of the Commission, or to which the Commission is a party, Ruggiero has consented to the issuance of this Order Instituting Public Proceedings, Making Findings, and Imposing Sanctions ("Order"). 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 and Ruggiero's Offer of Settlement, the Commission finds that: A. From April 1987 through October 1987, Ruggiero was associated with a broker-dealer registered with the Commission pursuant to Section 15(b) of the Exchange Act; B.The Commission filed a Complaint on November 20, 1990, alleging that from July through October 1987, Ruggiero participated in a scheme to manipulate the prices of six securities: Big O Tires, Inc., Cliff Engle Ltd., Digital Metcom, Inc., Fountain Powerboat Industries, Inc., TS Industries, Inc. and Tunex International, Inc. The Commission's Complaint alleged that Ruggiero participated in the manipulation scheme by purchasing these securities for his customers to increase or prevent the decline of the prices of the securities. C.On February 28, 1995, after a trial in the United States District Court for the Southern District of New York, the Honorable Harold Baer, Jr. found that Ruggiero had violated Sections 17(a)(1), 17(a)(2) and 17(a)(3) of the Securities Act of 1933 and Sections 9(a)(2) and 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, ordered Ruggiero to pay disgorgement, and enjoined Ruggiero from committing future violations of the securities laws. IV. ORDER Based on the foregoing, the Commission deems it appropriate and in the public interest to impose the sanctions which are set forth herein. ACCORDINGLY, IT IS HEREBY ORDERED THAT Ruggiero be, and he hereby is, barred from association with any broker, dealer, municipal securities dealer, investment adviser, or investment company. By the Commission. ______________________________ Jonathan G. Katz Secretary