SEC Division of Corporation Finance no-action letter: Dominick & Dominick LLC

Brian F. Amery
Member
BRESSLER,AMERY&ROSS
A PROFESSIONA L CORPORATION
P.O. Box 1980 • Morristown, NJ 07962
Hand Delivery:
325 Columbia Turnpike • Suite 301 • Florham Park, NJ 07932 973-514.1200 • fax 973.514.1660 www.bressler.com VIA E-MAIL (smallbusiness@sec.gov) & OVERNIGHT MAIL Chief, Office of Small Business Policy Division of Corporation Finance U.S. Securities and Exchange Commission 100 F Street, N.E. Washington, D.C. 20549 direct 973-966-9670 bamery@bressler. com Re: In the Matter of Dominick & Dominick LLC; File No. MNY-8853 Dear Mr. Gomez Abero:
This letter is submitted on behalf of our client, Dominick & Dominick LLC ("D&D"), the settling respondent in the above-captioned administrative proceeding brought by the Securities and Exchange Commission (the "Commission"). D&D hereby requests, pursuant to Rule 506 of Regulation D of the Commission promulgated under the Securities Act of 1933 (the "Securities Act"), waivers of any disqualifications from relying on exemptions under Rule 506 of Regulation D that will disqualify D&D as a result of the entry of the cease-and-desist order against D&D (the "Order"). BACKGROUND The Staff of the Division of Enforcement has engaged in settlement discussions with D&D in connection with its investigation of potential violations of Section 206(2), 206(3) and
Section 206( 4) of the Investment Advisers Act of 1940 ("Advisers Act") and Rule 206( 4 )-7
thereunder. As a result of these discussions, D&D submitted an Offer of Settlement (the "Offer"), and agreed to the Order, which was presented by the Staff to the Commission. In the Offer, solely for the purpose of settling these proceedings, D&D agreed to consent to the issuance of the Order without admitting or denying the matters set forth therein (other than those relating to the jurisdiction of the Commission over it and the subject matter solely for purposes of that action). New jersey New York Florida