Conrad C. Lysiak v. Securities and Exchange Commission

47 F.3d 1175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Conrad C. LYSIAK, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent. No. 94-70021. United States Court of Appeals, Ninth Circuit. Submitted: Feb. 8, 1995. * Decided: Feb. 10, 1995. Before: WRIGHT, HALL and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 The National Association of Securities Dealers (NASD) found that Lysiak violated Article III, Secs. 1 and 27, of its Rules of Fair Practice by failing to supervise adequately a branch office of Dillon Securities Inc. (DSI), and assessed sanctions against him. The SEC sustained the findings and sanctions. Lysiak appeals. 3 We set aside agency decisions only if they are either "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." 5 U.S.C. Sec. 706 (2)(A). We review an agency's factual findings for substantial evidence. State ex rel. State Water Resources Control Bd. v. FERC, 966 F.2d 1541 , 1549 (9th Cir. 1992). 4 Article…