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1
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SEC ADMINISTRATIVE PROCEEDING
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EXTRACTED KEY WORDS
LAW JUDGE STANDARD AMENDMENT YESNER RECKLESS ACCOUNTANTS COURT CHARGES MOTION PARTIAL SUMMARY DISPOSITION DISCIPLINE DISSENTING REMANDING PRACTICE DISMISS JOHNSON SECURITIES AUTHORITY ADOPTING EVIDENCE VIOLATE ARTICULATE RECONSIDERATION RESPONDENT MISCONDUCT CIRCUIT RETROACTIVITY ADMINISTRATIVE LAW ADEQUATE NOTICE |
UNITED STATES OF AMERICA
before the
SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934
Rel. No. 42030 / October 19, 1999
Accounting and Auditing Enforcement
Release No. 1193 / October 19, 1999
Admin. Proc. File No. 3-9586
In the Matter of
ALBERT GLENN YESNER, CPA
ORDER ACCEPTING CERTIFICATION, REVERSING PARTIAL SUMMARY DISPOSITION,
AND REMANDING FOR FURTHER PROCEEDINGS
On April 27, 1998, the Commission instituted proceedings against
Albert Glenn Yesner, pursuant to Section 8A of the Securities Act of
1933, Section 21C of the Securities Exchange Act of 1934, and Rule
102(e)(1), to determine whether he violated various provisions of the
securities laws and to determine whether we should deny him the
privilege of appearing or practicing as an accountant before us.
Yesner filed his Answer on June 16, 1998. Concurrently, he moved for
partial summary disposition to dismiss, among other allegations, Rule
102(e)(1)(ii) charges contained in the Order Instituting Proceedings,
based on . In , the court of appeals dismissed proceedings against
accountants because it found that the Commission failed to articulate
a clear interpretation of Rule 102(e)(1)(ii). The court stated that it
could not discern the Commission's standards for liability under Rule
102(e)(1)(ii).
The administrative law judge, at a prehearing conference held on July
7, 1998, deferred a ruling on Yesner's motion for partial summary
disposition pending close of the evidence in the Division of
Enforcement/Office of the Chief Accountant's ("Division")
case-in-chief. At the close of the Division's case, the law judge
orally granted Yesner's motion for partial summary disposition. The
Division moved for reconsideration and requested that the law judge
defer ruling on the motion on the grounds that the Commission was
about to publish an amended Rule 102(e) standard. The law judge orally
granted the Division's motion for reconsideration but denied relief.
The law judge gave the Division leave to refile the motion to
reconsider after the Commission published its amendment to Rule
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