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STATE
OF
OFFICE
OF SECURITIES
121
STATE HOUSE STATION
________________________________
)
IN THE MATTER OF: )
)
Gilbert Capital Group )
(CRD #117268) and ) CONSENT AGREEMENT
Cass A. Gilbert )
(CRD #705088) ) No. 04-067-CAG
)
________________________________)
This Agreement is entered into by
the State of Maine Office of Securities ("Securities"), Gilbert
Capital Group, CRD #117268, an investment adviser company with a principal
place of business at
WHEREAS,
the parties agree as follows:
1.
Pursuant to 32 M.R.S.A. § 10303(1), a
person may not act in
2.
Pursuant to 32 M.R.S.A. § 10303(3) it
is unlawful for an investment adviser licensed or required to be licensed under
the Revised Maine Securities Act to employ or contract with an individual as a
representative of the investment adviser in Maine unless the individual is
licensed;
3.
Securities has reviewed Cass A.
Gilbert’s licensing record and has found that he has never held an investment
adviser representative’s license in Maine;
4.
It is Securities’ position that Cass A.
Gilbert has acted as an investment adviser representative in Maine without
being licensed or exempt from licensing; and
5.
All parties desire an expeditious resolution
of this matter.
NOW THEREFORE, without trial or adjudication of any issue of fact or law, and without
Gilbert Capital Group and Cass A. Gilbert admitting or denying that their
conduct violated the Revised Maine Securities Act, it is agreed that:
Gilbert Capital Group and Cass A.
Gilbert will comply with all licensing and other legal requirements governing
persons acting as investment advisers and investment adviser representatives in
the State of Maine at all times from the date hereof;
In lieu of Securities seeking the
imposition of a penalty for the allegations contained herein, Gilbert Capital
Group and Cass A. Gilbert will pay the sum of $1,500.00 to Securities upon Gilbert
Capital Group’s and Cass A. Gilbert’s execution of this Agreement; and
Securities will not take further
action against Gilbert Capital Group or Cass A. Gilbert based upon the
unlicensed status of Cass A. Gilbert during the period preceding and including
the date of execution of the Agreement.
Gilbert
Capital Group
By:
February 10,
2004 /s/
Cass A. Gilbert
Date Signature
Cass
A. Gilbert
(printed name)
Its President
February 10,
2004 /s/
Cass A. Gilbert
Date Cass
A. Gilbert
February 18,
2004 /s/
Christine A. Bruenn
Date Christine
A. Bruenn
Securities
Administrator
Reviewed by:
February 23,
2004 /s/
Christina V. Breen
Date Christina
V. Breen
Assistant
Securities Administrator
Submitted by:
February 17,
2004 /s/ Christian D. Van Dyck
Date Christian
D. Van Dyck
Investigator/Examiner