UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION Securities Exchange Act of 1934 Release No. 39486 / December 23, 1997 Accounting and Auditing Enforcement Release No. 1000 / December 23, 1997 ADMINISTRATIVE PROCEEDING File No. 3-9518 In the Matter of : ORDER OF TEMPORARY : SUSPENSION PURSUANT : TO RULE 102(e)(3) OF THE : COMMISSION'S RULES OF PRACTICE : H. THOMAS FEHN : : I. The Securities and Exchange Commission deems it appropriate and in the public interest to issue an order temporarily suspending H. Thomas Fehn (Fehn), an attorney licensed by the State of California, pursuant to Rule 102(e)(3) of the Commission's Rules of Practice.<(1)> II. The Commission makes the following findings: A. On November 13, 1992, the Commission brought an action in federal district court against Fehn and others alleging (among other claims) that Fehn had aided and abetted violations of Sections 10(b) and <(1)> Rule 102(e)(3) of the Commission's Rules of Practice (17 C.F.R. @ 201.102(e)(3)) provides in pertinent part that: (i) The Commission, with due regard to the public interest and without preliminary hearing, may, by order, temporarily suspend from appearing or practicing before it any ... attorney ... who ... has been by name: (A) permanently enjoined by any court of competent jurisdiction, by reason of his or her misconduct in an action brought by the Commission, from violating or aiding and abetting the violation of any provision of the Federal securities laws (15 U.S.C. @ 77a to 80b-20) or of the rules and regulations thereunder .... 15(d) of the Securities Exchange Act of 1934 (Exchange Act) and Rules 10b- 5, 12b-20 and 15d-13 thereunder. Securities and Exchange Commission v. H. Thomas Fehn, et. al., Civ. Action No. CV-S-92-946 (USDC for the S.D. of Nev.). B. On March 21, 1994, a bench trial was held concerning the Commission's allegations against Fehn. On April 1, 1994, the Honorable Mary Johnson Lowe issued Findings of Fact and Conclusions of Law and Final Judgment of Permanent Injunction (Order of Permanent Injunction) against Fehn. C. Fehn appealed the Order of Permanent Injunction to the United States Court of Appeals for the Ninth Circuit. On October 9, 1996, the Ninth Circuit issued an opinion affirming the Order of Permanent Injunction. Securities and Exchange Commission v. Fehn, 97 F.3d 1276 (9th Cir. 1996). D. Fehn subsequently petitioned the United States Supreme Court for a writ of certiorari. This petition was denied by the Supreme Court on October 6, 1997. Fehn v. Securities and Exchange Commission, 66 U.S.L.W. 3254 (1997). III. Based on the foregoing, the Commission finds that H. Thomas Fehn has been enjoined within the meaning of Rule 102(e)(3) of the Commission's Rules of Practice. In view of this finding the Commission deems it necessary and appropriate in the public interest that Fehn be temporarily suspended from appearing or practicing before the Commission. Accordingly, it is HEREBY ORDERED that Fehn be and is hereby temporarily suspended from appearing or practicing before the Commission. It is FURTHER ORDERED that Fehn may within thirty days after service of this Order file a petition with the Commission to lift the temporary suspension. If no petition is received by the Commission within thirty days after service of the Order, the suspension shall become permanent pursuant to Rule 102(e)(3)(ii). If a petition is received within thirty days after service of this Order, the Commission shall either lift the temporary suspension, or set the matter down for a hearing at a time and place to be designated by the Commission, or both. If a hearing is ordered, following the hearing, the Commission may lift the suspension, censure the petitioner, or disqualify the petitioner from appearing or practicing before the Commission for a period of time or permanently, pursuant to Rule 102(e)(3)(iii). ======END OF PAGE 2====== This Order shall be served upon Fehn personally or by certified mail at his last known address. By the Commission. Jonathan G. Katz Secretary Attachment ======END OF PAGE 3======