CAPITAL FUNDING MANAGEMENT, INC.;
DELBERT R. HUELLE;
STEVEN EDWARD GWIN; and
Now on the 17th day of October, 2007, the Commissioner, having reviewed this matter, issues the following findings and order:
On July 12, 2007, Mary S. Hosmer, Assistant Commissioner for the Securities Division and on behalf of the Enforcement Section of the Securities Division of the Office of the Secretary of State (the “Enforcement Section”), submitted a Petition for Order to Cease and Desist and Order to Show Cause Why Civil Penalties and Costs Should Not Be Imposed (the “Petition”) to the Commissioner.
On July 18, 2007, the Commissioner issued an Order to Cease and Desist and to Show Cause Why Civil Penalties and Costs Should Not Be Imposed (the “C&D Order”).
On July 30, 2007, Respondent Eric Krause, by and through his counsel J. Justin Johnston, filed Respondent Eric Krause’s Request for Hearing (the “Request”). In the Request, Respondent Krause sought a dismissal from this action.
On October 12, 2007, The Enforcement Section, through Ms. Hosmer, filed a to Motion to Dismiss Petition and Order to Cease and Desist and Order to Show Cause Why Civil Penalties and Costs Should not be Imposed Against Respondent Eric Krause (the “Motion to Dismiss”).
NOW, THEREFORE, it is hereby ORDERED that the Enforcement Section’s Motion to Dismiss is GRANTED, and it is hereby ORDERED that Respondent Krause is DISMISSED from this matter without prejudice, and the findings and conclusions concerning Respondent Krause, and only Respondent Krause, recited in the C&D Order are VACATED.
This Order concerns and is applicable only to Respondent Krause, and does not dismiss any other Respondent in this matter nor vacate any findings or conclusions recited in the C&D Order as to any other Respondent.7The Commissioner, after consideration of the Request and the Motion to Dismiss, finds this Order, pursuant to Section 409.6-604(h), RSMo. (Cum. Supp. 2006), to be in the public interest and in concert with the interest of protecting public investors, and consistent with the provisions of Chapter 409, RSMo.
SECRETARY OF STATE
MATTHEW D. KITZI
COMMISSIONER OF SECURITIES