UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934

Release No. 79367 / November 21, 2016

ADMINISTRATIVE PROCEEDING

File No. 3-17693

In the Matter of

SEAN P. FINN and 

M. DWYER LLC, 

Respondents.

ORDER INSTITUTING ADMINISTRATIVE 

PROCEEDINGS AND NOTICE OF HEARING 

PURSUANT TO SECTION 15(b) OF THE 

SECURITIES EXCHANGE ACT OF 1934

I.

The Securities and Exchange Commission (“Commission”) deems it appropriate and in the 

public interest that public administrative proceedings be, and hereby are, instituted pursuant to 

Section 15(b) of the Securities Exchange Act of 1934 (“Exchange Act”) against Sean P. Finn and 

M. Dwyer LLC (“Respondents”). 

II.

After an investigation, the Division of Enforcement alleges that:

A. RESPONDENTS

1. From April 2010 through September 2011, Sean P. Finn, then-resident of Whitefish, 

Montana, was the sole owner, officer, and employee of M. Dwyer LLC, a limited liability company 

formed under the laws of Wyoming. During the time in which they engaged in the conduct 

underlying the complaint, as described below, Finn and M. Dwyer acted as unregistered brokers in 

violation of Section 15(a) of the Exchange Act. 
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B. ENTRY OF THE INJUNCTION

2. On November 2, 2016, the United States District Court for the District of Nevada 

entered a final judgment against Respondents in the civil action entitled Securities and Exchange 

Commission v. Malom Group AG, et al., Civil Action No. 2:13-CV-2280. In doing so, the Court 

found that Respondents acted as unregistered brokers or dealers in violation of Section 15(a) of the 

Securities and Exchange Act of 1934, and sold unregistered securities in violation of Sections 5(a) 

and 5(c) of the Securities Act of 1933. As a result of these violations, and in addition to ordering 

other relief, the Court permanently enjoined Respondents from future violations of Section 15(a) 

of the Exchange Act and Sections 5(a) and 5(c) of the Securities Act.

3. The Commission’s complaint alleged that, from April 2010 to September 2011, 

Respondents acted as unregistered brokers or dealers when they solicited potential investors for

two fraudulent advance-fee high-yield investment programs offered by Switzerland-based Malom 

Group AG (“Malom”). Respondents successfully solicited at least 14 investors into the two 

programs, who lost all of their invested funds. For recruiting these investors, Respondents were 

compensated with a percentage of each investment, receiving a total of $701,950 in transactionbased compensation.

4. By virtue of the conduct alleged in the complaint and in a motion for default 

judgment, the Court found that Respondents violated Section 15(a)(1) of the Exchange Act by 

acting as unregistered brokers or dealers. The Court also found that Respondents violated Section 

5(a) and (c) of the Securities Act by offering and selling to investors unregistered securities that did 

not qualify for an exemption from the registration requirements.

III.

In view of the allegations made by the Division of Enforcement, the Commission deems it 

necessary and appropriate in the public interest that public administrative proceedings be instituted 

to determine:

A. Whether the allegations set forth in Section II hereof are true and, in connection 

therewith, to afford Respondents an opportunity to establish any defenses to such allegations; 

B. What, if any, remedial action is appropriate in the public interest against 

Respondents pursuant to Section 15(b) of the Exchange Act; 

IV.

IT IS ORDERED that a public hearing for the purpose of taking evidence on the questions 

set forth in Section III hereof shall be convened at a time and place to be fixed, and before an 

Administrative Law Judge to be designated by further order as provided by Rule 110 of the 

Commission's Rules of Practice, 17 C.F.R. § 201.110.
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IT IS FURTHER ORDERED that Respondents shall file an Answer to the allegations 

contained in this Order within twenty (20) days after service of this Order, as provided by Rule 220 

of the Commission's Rules of Practice, 17 C.F.R. § 201.220. 

If Respondents fail to file the directed answer, or fails to appear at a hearing after being duly 

notified, the Respondents may be deemed in default and the proceedings may be determined against 

them upon consideration of this Order, the allegations of which may be deemed to be true as 

provided by Rules 155(a), 220(f), 221(f) and 310 of the Commission's Rules of Practice, 17 C.F.R. 

§§ 201.155(a), 201.220(f), 201.221(f) and 201.310.

This Order shall be served forthwith upon Respondents as provided for in the 

Commission’s Rules of Practice. 

IT IS FURTHER ORDERED that, pursuant to Rule 360(a)(2) of the Commission’s Rules 

of Practice, 17 C.F.R. § 201.360(a)(2), the Administrative Law Judge shall issue an initial decision 

no later than 75 days from the occurrence of one of the following events: (A) The completion of 

post-hearing briefing in a proceeding where the hearing has been completed; (B) Where the 

hearing officer has determined that no hearing is necessary, upon completion of briefing on a 

motion pursuant to Rule 250 of the Commission’s Rules of Practice, 17 C.F.R. § 201.250; or (C) 

The determination by the hearing officer that a party is deemed to be in default under Rule 155 of 

the Commission’s Rules of Practice, 17 C.F.R. § 201.155 and no hearing is necessary.

In the absence of an appropriate waiver, no officer or employee of the Commission engaged 

in the performance of investigative or prosecuting functions in this or any factually related 

proceeding will be permitted to participate or advise in the decision of this matter, except as witness 

or counsel in proceedings held pursuant to notice. Since this proceeding is not “rule making” within 

the meaning of Section 551 of the Administrative Procedure Act, it is not deemed subject to the 

provisions of Section 553 delaying the effective date of any final Commission action.

For the Commission, by its Secretary, pursuant to delegated authority.

Brent J. Fields

Secretary