By the SEC? No by the NASD. Rules of conduct are different than breaking the law.
http://www.nasd.com/web/groups/enforcement/documents/oho_disciplinary_decisions/nasdw_012550.pdf (2) For issuing sales literature that omitted material information and contained misleading information in violation of NASD Conduct Rules 2110, 2210(d)(1)(A), and 2210(d)(1)(B), Taboada is suspended for six months from associating with any member firm in any capacity and fined $25,000. (2) Taboada’s suspension shall become effective at the opening of business on May 3, 2004, and end at the close of
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