[Federal Register Volume 81, Number 131 (Friday, July 8, 2016)]
[Notices]
[Pages 44672-44673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16309]


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SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Public Law 94-409, that the Securities 
and Exchange Commission will hold an Open Meeting on Tuesday, July 12, 
2016, at 1:00 p.m.,

[[Page 44673]]

in the Auditorium (L-002) at the Commission's headquarters building, to 
hear oral argument in an appeal by the Respondents John J. Aesoph, CPA 
and Darren M. Bennett, CPA, and a cross-appeal by the Division of 
Enforcement, from an initial decision of an administrative law judge.
    On June 27, 2014, the law judge found that Aesoph and Bennett 
engaged in ``improper professional conduct'' under Commission Rule of 
Practice 102(e) and Section 4C of the Securities Exchange Act of 1934, 
during their service as the engagement partner and senior manager of 
KPMG, LLP's audit of the 2008 financial statements of TierOne 
Corporation, a holding company for TierOne Bank. The law judge 
suspended Aesoph from appearing or practicing before the Commission as 
an accountant for one year, and suspended Bennett from appearing or 
practicing before the Commission as an accountant for six months.
    Respondents appealed the law judge's findings of liability and the 
sanctions imposed; the Division cross-appealed the sanctions imposed. 
The issues likely to be considered at oral argument include, among 
other things, whether Respondents engaged in ``improper professional 
conduct'' as alleged and, if so, the extent to which they should be 
sanctioned. Also likely to be considered at oral argument is whether 
these administrative proceedings violate the U.S. Constitution.
    For further information, please contact Brent J. Fields from the 
Office of the Secretary at (202) 551-5400.

    Dated: July 5, 2016.
Lynn M. Powalski,
Deputy Secretary.
[FR Doc. 2016-16309 Filed 7-6-16; 11:15 am]
BILLING CODE 8011-01-P