UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION

SECURITIES ACT OF 1933
Rel. No. 8417 / April 30, 2004

SECURITIES EXCHANGE ACT OF 1934
Rel. No. 49633 / April 30, 2004

Admin. Proc. File No. 3-9954

ORDER MAKING SANCTIONS EFFECTIVE

On November 7, 2003, we issued an order (1) suspending the broker-dealer registration of RichMark Capital Corporation for a period of 90 days, (2) suspending Doyle Mark White from association with any broker or dealer for 90 days, (3) directing RichMark to pay a civil money penalty of $275,000 and White a civil money penalty of $55,000, (4) ordering RichMark and White to cease and desist from committing or causing any violations or future violations of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and (5) directing that RichMark and White jointly and severally disgorge $25,617.86 plus prejudgment interest (with the adjustment noted in our opinion).¹

RichMark and White appealed our decision to the United States Court of Appeals for the Fifth Circuit, and the Court granted their request for a stay pending its determination of their appeal. On February 10, 2004, the Court affirmed our decision,² and it has now issued its mandate. Thus, we must set effective dates for the sanctions imposed in our order.

Accordingly, IT IS ORDERED that the suspensions imposed on RichMark Capital Corporation and Doyle Mark White shall be effective 14 days from the date of this order; and it is further

ORDERED that the cease-and-desist order against RichMark and White, and the orders directing their payment of civil money penalties and disgorgement shall be effective immediately.

Payment of the civil money penalties and disgorgement shall be made within 10 business days of this order. Payment shall be: (i) made by United States postal money order, certified check, bank cashier's check, or bank money order; (ii) made payable to the Securities and Exchange Commission; (iii) delivered by hand or courier to the Office of Financial Management, Securities and Exchange Commission, Operations Center, 6432 General Green Way, Stop 0-3, Alexandria, Virginia 22312; and (iv) submitted under cover letter that identifies RichMark and White as the respondents and the file number of this proceeding. A copy of the cover letter and check shall be sent to Jeffrey B. Norris, counsel for the Division of Enforcement, Securities and Exchange Commission, 801 Cherry Street, Fort Worth, Texas 76102; and it is further

ORDERED that, within sixty (60) days after the payment of funds required by this order, the Division of Enforcement shall submit a proposed plan for the administration and distribution of those funds in accordance with our Rules of Practice.

By the Commission.

Endnotes

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¹ RichMark Capital Corporation, Securities Act. Rel No. 8333, 81 SEC Docket 2205.

² RichMark Capital Corporation v. SEC, No. 03-60984.

http://www.sec.gov/litigation/opinions/33-8417.htm