UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION SECURITIES EXCHANGE ACT OF 1934 Release No. 38037 / December 10, 1996 INVESTMENT ADVISERS ACT OF 1940 Release No. 1599 / December 10, 1996 ADMINISTRATIVE PROCEEDING File No. 3-9126 In the Matter of : ORDER MAKING FINDINGS : AND IMPOSING REMEDIAL FREDERICK V. DONA, JR., : SANCTIONS : Respondent. : I. On September 30, 1996, the Securities and Exchange Commission ("Commission") instituted public administrative proceedings against Frederick V. Dona, Jr. ("Dona"), pursuant to an Order Instituting Public Proceedings And Notice of Hearing Pursuant to Section 15(b) of the Securities Exchange Act of 1934 and 203(f) of the Investment Advisers Act of 1940 ("Order Instituting"). II. Subsequent to the institution of these proceedings, Dona submitted an Offer of Settlement, 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 in which the Commission is a party, Dona, admitting the findings set forth in this Order and admitting the jurisdiction of the Commission over him and over the subject matter of these proceedings, consents to the entry of this Order. III. On the basis of the Order Instituting and Dona's Offer of Settlement, the Commission finds that: 1. From in or about May 1985 until in or about May 1994, Dona was a registered representative associated with Mutual Life Insurance Company of New York ("MONY"), a mutual life insurance company. During the relevant period, MONY was an investment adviser registered with the Commission pursuant to Section 203 of the Advisers Act and, until 1991, a broker-dealer registered with the Commission pursuant to Section 15 of the Exchange Act. 2. From in or about May 1985 until May 1994, Dona was also associated with MONY Securities Corp. ("MSC"), which was and is, a broker-dealer registered with the Commission pursuant to Section 15 of the Exchange Act. MSC, which is controlled by MONY, is in the business of distributing investment company and other securities on a retail basis. 3. On January 13, 1995, Dona pled guilty to one count of knowingly causing others to falsify facts and knowingly concealing facts in documents required to be kept under Title I of the Employee Retirement Income Security Act of 1974 ("ERISA"), 18 U.S.C.  1027. United States v. Dona, 94-CR-237 (N.D.N.Y. Jan. 13, 1995). Dona was sentenced to two years probation on May 12, 1995 and ordered to pay a fine of $6,500. Prior to sentencing, Dona made full restitution in the amount of $47,000 to MONY. 4. In his plea agreement and plea allocution, Dona admitted that: a. on or about July 5, 1989, while employed at MONY and MSC, he knowingly and willfully caused others to create and transmit, to a trustee of the Crouse Medical Group, P.C. Employees' Defined Contribution Pension Plan ("the Crouse Plan"), a letter ostensibly signed by a MONY general manager, which purported to confirm the values of the MONY MAX group annuity contracts in which funds of the Crouse Plan were invested; and b. he knew and concealed the fact that this letter overstated the balances for the MONY MAX contracts recorded by MONY and that the signature of the MONY general manager on that letter was not genuine. 5. In his plea agreement, Dona also admitted that the false and misleading letter was sent to the Crouse Plan in connection with his scheme to defraud MONY of commission monies. 6. Dona was a registered representative associated with a broker-dealer and investment adviser at the time of the conduct for which he was criminally convicted. IV. ORDER Based on the foregoing, the Commission deems it appropriate and in the public interest to accept the Offer of Settlement of Frederick V. Dona, Jr., and accordingly, IT IS HEREBY ORDERED, that Frederick V. Dona, Jr. be and hereby is barred from association with any broker, dealer, municipal securities dealer, investment adviser, or investment company. For the Commission, by its Secretary, pursuant to delegated authority. Jonathan G. Katz Secretary