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jbsliverer

07/05/11 8:44 PM

#25008 RE: jbsliverer #25006

I'll correct, I meant to say "permanently suspended" not "permanently barred". Sorry about that, not sure if it makes a difference.

David Kagel (legal counsel for BNPD).

NOTICE OF PERMANENT SUSPENSION ENTERED AGAINST DAVID KAGEL
Today the Commission announced that David L. Kagel has been permanently suspended, pursuant to Rule 2(e)(3)(ii) of the Commission's Rules of Practice, from appearing or practicing before the Commission. The permanent suspension is based upon a permanent injunction, entered on April 6, 1994, in SEC v. David L. Kagel, et al., civil Action No. 930855-ER (C.D. Cal.).
The Court determined, as alleged by the Commission in its complaint, that Kagel orchestrated a fraudulent scheme to take a private company, The Magic Group, public by way of acquisition by a public shell company, Wetherly Venture Associates, Inc., which was to then become known as Mag ic Restaurants, Inc. Among other things, as part of the scheme, the Court recognized that Kagel, as the attorney for Wetherly, prepared and filed with the Commission's Los Angeles Regional Office a registration statement for an initial public offering on Commission Form S-18, an amendment thereto, four post-effective amendments, and a current report on commission Form 8-K, which contain false and misleading statements of material fact. Accordingly, the Court determined that Kagel committed repeated and deliberate violations of the federal securities laws, he knew of the violations, and that he attempted to conceal his violations from the Commission even after being specifically asked by the staff.
2 NEWS DIGEST, september 26, 1994

Based upon these findings, the Court permanently enjoined Kagel from violating section 17(a) of the securities Act of 1933, 15 U.S.C. 77q(a),section 10(b) of the securities Exchange Act of 1934 (Exchange Act), 15 U.S.C. 78j(b) and Rule 10b-5 there under, 17 C.F.R. 240.l0b-5. The Court also enjoined Kagel from failing or causing the failure to file timely and in proper form with the Commission accurate and complete information and documents as are required to be filed pursuant to section l3(a) of the Exchange Act, 15 U.S.C. 78m(a), and the commission's rules there under. (ReI. 34-34680)

http://www.sec.gov/news/digest/1994/dig092694.pdf