Rule 102(e) authorizes the SEC to discipline professionals if the Commission finds that they have engaged in “improper professional conduct,” among other grounds. The authors discuss the background of the rule, the persons subject to it, the standards for professional conduct, and the procedures in matters requiring notice and hearing. They then report on their survey of some 48 Commission disciplinary cases brought against 64 respondents since January 1, 2014. They close by noting that in certain cases the SEC may proceed with discipline without notice or hearing.
The Review of Securities & Commodities Regulation
Law and Practice Under Rule 102(E)
August 19, 2015