Skip Maine state header navigation
STATE
OF
OFFICE
OF SECURITIES
121
STATE HOUSE STATION
________________________________
)
IN THE MATTER OF: )
)
Wind River Capital Management, Inc. )
William S. Clark and )
John Benjamin Wootten ) CONSENT AGREEMENT
)
) No. 04-080-CAG
)
________________________________)
This Agreement is entered into by
the State of Maine Office of Securities ("Securities"), Wind River
Capital Management, Inc. (“
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
4.
Securities has reviewed Clark’s
and Wootten’s licensing records and has found that neither
Clark nor Wootten has held an investment
adviser representative’s license in Maine from September 2002 to the present,
during which time investment adviser representatives have been required to be
licensed in Maine.
5.
It is Securities’ position that Wind
River has acted as an investment adviser in Maine without being licensed or
exempt from licensing; and
6.
It is Securities’ position that Clark
and Wootten have acted as investment adviser representatives in Maine without
being licensed or exempt from licensing; and
7.
All parties desire an expeditious resolution
of this matter.
NOW THEREFORE, without trial or adjudication of any issue of fact or law, and without
Wind River, Clark or Wootten admitting or denying that their conduct violated
the Revised Maine Securities Act, it is agreed that:
Wind River, Clark and Wootten 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, Wind River, Clark
and Wootten will pay the sum of $13,000.00 to Securities upon Wind River’s,
Clark’s and Wootten’s execution of this Agreement; and
Securities will not take further
action against
Wind
River Capital Management, Inc.
By:
Date Signature
William
S. Clark
(printed
name)
Its
President
April 2, 2004 /s/
William S. Clark
Date William
S. Clark
April 2, 2004 /s/
John Benjamin Wootten
Date John
Benjamin Wootten
Date Christine
A. Bruenn
Securities
Administrator
Reviewed by:
Date Christina
V. Breen
Assistant
Securities Administrator
Submitted by:
April 5, 2004 /s/ Christian D. Van Dyck
Date Christian
D. Van Dyck
Investigator/Examiner