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U.S. Securities and Exchange Commission

UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION

Securities Exchange Act of 1934
Release No. 47260 / January 27, 2003

Accounting and Auditing Enforcement
Release No. 1705 / January 27, 2003

Administrative Proceeding
File No. 3-11019


 
In the Matter of
 
Robert J. Gluck,       
 
Respondent.
 


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ORDER INSTITUTING PROCEEDINGS
PURSUANT TO RULE 102(e)(3) OF THE
COMMISSION'S RULES OF PRACTICE,
MAKING FINDINGS, AND IMPOSING
REMEDIAL SANCTIONS

I.

The Securities and Exchange Commission ("Commission") deems it appropriate and in the public interest that public administrative proceedings be, and hereby are, instituted against Robert J. Gluck ("Gluck" or "Respondent"), pursuant to Rule 102(e)(3) of the Commission's Rules of Practice [17 C.F.R. § 200.102(e)(3)].1

II.

In anticipation of the institution of the administrative proceedings, Respondent has sub-mitted an Offer of Settlement (the "Offer"), which the Commission has determined to accept. Solely for the pur-poses of this proceeding and any other proceeding brought by or on behalf of the Commission or in which the Commission is a party, and without admitting or denying the Commission's find-ings con-tained herein, except that he admits the jurisdiction of the Commission over him and over the subject matter of this proceeding, Respondent consents to the entry of this Order Instituting Proceedings Pursuant to Rule 102(e)(3) of the Commission's Rule of Practice, Making Findings, and Imposing Remedial Sanctions (the "Order") as set forth below.

III.

The Commission makes the following findings:

  1. Gluck served as Comptroller for Sunbeam, a public company, from 1996 through 1998.
     
  2. On January 27, 2003, a Final Judgment was entered against Gluck in SEC v. Albert J. Dunlap., et al., 01-8437-CIV (S..D. Fla., May 15, 2001), in the United States District Court for the Southern District of Florida, that, among other things, permanently enjoins Gluck from violating or aiding and abetting violations of Section 17(a)(1) of the Securities Act of 1933 and Sections 10(b), 13(a), 13(b)(2)(A), 13(b)(2)(B) and 13(b)(5) of the Securities Exchange Act of 1934 and Rules 10b-5, 12b-20, 13a-1, 13a-13, and 13b2-1 thereunder.

IV.

Based upon the foregoing, the Commission finds that:

  1. Gluck practiced before the Commission within the meaning of Rule 102(f) of the Commission's Rules of Practice (17 C.F.R. § 201.102(f)) in connection with the preparation of the financial statements of a public company.
     
  2. Gluck has been enjoined by a court of competent jurisdiction, by reason of his conduct in an action brought by the Commission, from violating provisions of the federal securities laws and the rules and regulations thereunder within the meaning of Rule 102(e)(3) of the Commission's Rules of Practice; and

Accordingly, the Commission deems it appropriate and in the public interest to impose the sanctions consented to in the Offer submitted by Gluck and hereby ORDERS, effective immediately, that:

  1. Respondent is suspended from appearing or practicing before the Commission as an accountant.
     
  2. After 5 years from the date of this order, Respondent may request that the Commission consider his reinstatement by submitting an application (attention: Office of the Chief Accountant) to resume appearing or practicing before the Commission as:
     
    1. a preparer or reviewer, or a person responsible for the preparation or review, of any public company's financial statements that are filed with the Commission. Such an application must satisfy the Commission that Respondent's work in his practice before the Commission will be reviewed either by the independent audit committee of the public company for which he works or in some other acceptable manner, as long as he practices before the Commission in this capacity; and/or
       
    2. an independent accountant. Such an application must satisfy the Commission that:
       
    3. (a) Respondent, or the firm with which he is associated, is a member of the SEC Practice Section of the American Institute of Certified Public Accountants Division for CPA Firms ("SEC Practice Section") or an organization providing equivalent oversight and quality control functions ("equivalent organization");
      (b) Respondent, or the firm, has received an unqualified report relating to his, or the firm's, most recent peer review conducted in accordance with the guidelines adopted by the SEC Practice Section or equivalent organization; and
      (c) As long as Respondent appears or practices before the Commission as an independent accountant he will remain either a member of, or associated with a member firm of, the SEC Practice Section or equivalent organization, and will comply with all applicable SEC Practice Section or equivalent organization requirements, including all requirements for periodic peer reviews, concurring partner reviews, and continuing professional education.
  3. The Commission will consider an application by Respondent to resume appearing or practicing before the Commission provided that his state CPA license is current and he has resolved all other disciplinary issues with the applicable state boards of accountancy. However, if state licensure is dependent on reinstatement by the Commission, the Commission will consider an application on its other merits. The Commission's review may include consideration of, in addition to the matters referenced above, any other matters relating to Respondent's character, integrity, professional conduct, or qualifications to appear or practice before the Commission.

By the Commission.

 

Jonathan G. Katz
Secretary

 


1 Rule 102(e)(3)(i) provides, in pertinent part, that:
 
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 accountant . . . 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 . . . any provision of the Federal securities laws or of the rules and regulations thereunder.

 

http://www.sec.gov/litigation/admin/34-47260.htm


Modified: 01/27/2003