Defendant Name:
        
        Daxor Corporation
    
    Defendant Type:
    
        Public Company
    
    
        SIC Code:
        
            2833
        
    
    
        CUSIP:
        
            23946710
        
    
    Initial Case Details
    
    
        
            Legal Case Name
        
        
            In the matter of Daxor Corporation
        
    
    
        First Document Date
        17-Sep-2010
    
    
        Initial Filing Format
        Administrative Action
    
    
        File Number
        3-14055
    
    
        
            Allegation Type
        
        Investment Advisers/Investment Companies
    
    
     
    
        Violations Alleged
            
                    
                
                    
                        •
                    
                    Section 7(a) Investment Company Act
                
             
     
    
        Resolutions
        
            
                First Resolution Date
            
            
                31-Aug-2011
            
        
     
    
        Related Documents:
            
                
IC-29417                
                
                    17-Sep-2010
                
                
                    Administrative Proceeding
                
             
                
                    Order Instituting Cease-and-Desist Proceedings Pursuant to Section 9(f) of the Investment Company Act of 1940
                
            
                On September 17, 2010, the SEC instituted Cease-and-Desist Proceedings against Daxor Corporation. According to the SEC: "Daxor, a public company, claims to be a medical device manufacturing company, but it is, and has been for many years, an investment company as defined by Section 3(a)(1)(C) of the Investment Company Act.... Daxor is not exempted or excluded from the requirements of Investment Company Act. Yet it has never registered with the Commission as an investment company, in violation of Section 7(a) of the Act."
            
            
                
                    Order Denying Motion for Oral Deposition
                
            
                On February 24, 2011, Administrative Law Judge Robert G. Mahony issued an Order Denying Motion for Oral Deposition. 
            
            
                
                    Order Denying Motion for Oral Deposition
                
            
                On February 24, 2011, the administrative law judge denied the motion made by the defendants to depose Dr. Timothy Manzone, a witness for the cease-and-desist proceedings. The  administrative law judge determined that the deposition was not necessary as the company had not met the burden of showing the witness could not appear at a oral hearing.
            
            
                
IC-29718                
                
                    07-Jul-2011
                
                
                    Commission Order and Opinion
                
             
                
                    Order Granting Extension
                
            
                On July 7, 2011, the SEC granted a request from the administrative law judge for an extension of time to issue an initial decision in the proceeding.
            
            
                
id428rgm                
                
                    31-Aug-2011
                
                
                    ALJ Initial Decision
                
             
                
                    Initial Decision
                
            
                On August 31, 2011, an administrative law judge held that the SEC had "established that Daxor constitutes an investment company, under Section 3(a)(1)(C) of the Act, because it is in the business of investing and more than 40% of its assets comprise investment securities." As such, Daxor "is in violation of Section 7(a) of the Act, and shall be ordered to register under Section 8 of the Act." Daxor's argued that it was not an investment company because of its focus on medical products, but the ALJ was unpersuaded by this argument because the test for determining designation of investment companies does not depend on the intentions of the company, only its actions and assets.
            
            
                
                    Order correcting manifest error of fact
                
            
                On September 30, 2011, the administrative law judge in the Matter of Daxor Corporation issued an order correcting an error of fact in his initial decision that was issued in August of 2011. The fact to be corrected was the investment expense for the corporation and the percentage of total expenses it represented. Both parties agreed to the change and the motion to amend was granted.
            
            
                
IC-29948                
                
                    10-Feb-2012
                
                
                    Commission Order and Opinion
                
             
                
                    Order Granting Request to Withdraw Petition For Review and Notice of Finality
                
            
                On February 10, 2012, the SEC granted Daxor Corporation's request to dismiss Daxor's petition for review of the administrative law judge's initial decision that Daxor "was operating as an unregistered investment company in violation of Section 7(a) of the [Investment Company] Act."  The Commission also dismissed its own review of the sanctions imposed in the matter.