UNITED STATES OF AMERICA
| ORDER INSTITUTING PROCEEDINGS|
PURSUANT TO RULE 102(e)(3) OF THE
COMMISSION'S RULES OF PRACTICE,
MAKING FINDINGS, AND IMPOSING
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
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.
The Commission makes the following findings:
Based upon the foregoing, the Commission finds that:
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:
|(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.|
By the Commission.
Jonathan G. Katz
|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.
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