SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17314 / January 15, 2002
Accounting and Auditing Enforcement
SECURITIES AND EXCHANGE COMMISSION V. NELSON BARBER (United States District Court for the District of Columbia, C. A. No. 1:01CV02670).
On January 3, 2002, United States District Judge Paul L. Friedman signed a Final Judgment against Nelson Barber 1) permanently enjoining him from violating or aiding and abetting violations of Section 17(a) of the Securities Act of 1933 ("Securities Act"), and Sections 10(b), 13(a), 13(b)(2)(A), and 13(b)(2)(B), and 13(b)(5) of the Securities Exchange Act of 1934 ("Exchange Act"), and Exchange Act Rules 10b-5, 12b-20, 13a-1 and 13a-13, 13b2-1, and 13b2-2, 2) permanently barring him from acting as an officer or director of any public company, and 3) ordering him to pay a $20,000 civil penalty, pursuant to Section 20(d) of the Securities Act and Section 21(d)(3) of the Exchange Act. The Commission's complaint, filed on December 27, 2001, alleged that Barber, the former Chief Financial Officer of Fine Host Corporation, caused Fine Host to engage in an extensive financial fraud. Without admitting or denying the allegations of the complaint, Barber consented to the entry of the judgment.
In a related matter, Barber, without admitting or denying the Commission's findings, consented to the issuance of a Commission Order that, based on the injunction, denies Barber the privilege of appearing or practicing before the Commission as an accountant, pursuant to Rule 102(e) of the Commission's Rules of Practice.
For further information, see Litigation Release No. 17291 (December 27, 2001), Exchange Act Release Nos. 34-45195, 34-45196, 34-45197, and 34-45280, Accounting and Auditing Enforcement Release Nos. 1481, 1482, 1483, and 1496, Administrative Proceeding Nos. 3-10663, 3-10664, 3-10665, and 3-10679.