UNITED STATES SECURITIES AND EXCHANGE COMMISSION vs Mark Ivener & Ivener & Fullmer

Filing Date:August 24, 2016

Case:SEC admintrative proceeding against 'Respondents' Mark A.Ivener and Ivener & Fullmer, LLP

Jurisdiction:Securities & Exchange Commission

Status:Pending

Civil / Criminal:Civil

Securities Violations

The Securities and Exchange Commission (“Commission”) deems it appropriate that cease-and-desist proceedings be, and hereby are, instituted pursuant to 21C of the Securities Exchange Act of 1934 (“Exchange Act”), against Mark A. Ivener and Ivener & Fullmer, LLP (“Respondents”).

In anticipation of the institution of these proceedings, Respondents have submitted Offers of Settlement (the “Offers”) 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 to which the Commission is a party, and without admitting or denying the findings herein, except as to the Commission’s jurisdiction over them and the subject matter of these proceedings, which are admitted, and except as provided herein in Section V, Respondents consent to the entry of this Order Instituting Cease-and-Desist Proceedings, Pursuant to Section 21C of the
Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order (“Order”), as set forth below.

On the basis of this Order and Respondents’ Offers, the Commission finds that :
Respondents violated Section 15(a)(1) of the Exchange Act by acting as unregistered broker-dealers in connection with their representation of clients who were seeking U.S. residency through the Immigrant Investor Program. Respondents, an immigration attorney and a law firm, advised their clients with respect to the need for an investment in EB-5 securities in order to qualify for lawful permanent residency through a Regional Center and referred their clients to one or more Regional Centers which led to securities purchases. In addition to receiving legal fees from their clients, Respondents earned a commission from the Regional Center for each investment they facilitated.