6. Conclusion

Based on the foregoing, we approve the transfer of control of AGS to DiPasquale on a prospective basis only and deny AGS' and DiPasquale's request for approval of this transaction on a nunc pro tunc basis. However, we impose no penalty on AGS based on this transfer or for Coughlin's previous transfer of control of AGS to Chrysalis, even though both transfers occurred without prior Commission approval as required by Section 854, based on the unique circumstances of this case. This order shall not be precedent in any other Commission proceeding involving an alleged violation of Section 854.

In addition, we find that AGS substantially complied with the Settlement Agreement in its filing of the March 7, 2007 status report. However, we find that AGS violated the Settlement Agreement by its late filing of the September 7, 2007 status report and impose a penalty of $2,500.