

[Federal Register: July 23, 2007 (Volume 72, Number 140)]
[Notices]               
[Page 40181]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jy07-81]                         

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SECURITIES AND EXCHANGE COMMISSION

 
Sunshine Act Meetings

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Pub. L. 94-409, that the Securities and 
Exchange Commission will hold the following meetings during the week of 
July 23, 2007:
    Open Meetings will be held on Tuesday, July 24, 2007 at 10 a.m. and 
Wednesday, July 25, 2007, at 10 a.m., in the Auditorium, Room L-002 and 
Closed Meetings will be held on Tuesday, July 24, 2007 at 11 a.m. and 
Thursday, July 26, 2007 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the Closed Meetings. 
Certain staff members who have an interest in the matters may also be 
present.
    The General Counsel of the Commission, or his designee, has 
certified that, in his opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (7), (8), (9)(B), and (10) and 17 CFR 
200.402(a)(3), (5), (7), (8), 9(ii) and (10), permit consideration of 
the scheduled matters at the Closed Meetings.
    Chairman Cox, as duty officer, voted to consider the items listed 
for the closed meetings in closed sessions.
    The subject matter of the Open Meeting scheduled for Tuesday, July 
24, 2007 will be:
    The Commission will hear oral argument in an appeal by Gregory M. 
Dearlove, CPA, from the decision of an administrative law judge. The 
law judge found that the financial statements of Adelphia 
Communications Corporation, a public company, for the period ending 
December 31, 2000 violated generally accepted accounting principles in 
several respects. The law judge also found that Dearlove, a certified 
public accountant and former partner at Deloitte and Touche, LLP, 
engaged in improper professional conduct under Commission Rule of 
Practice 102(e) when he served as the engagement partner on Deloitte's 
audit of Adelphia's 2000 financial statements. The law judge also found 
that Dearlove caused Adelphia's violations of the reporting and 
recordkeeping provisions of the Securities Exchange Act of 1934, 
specifically, Exchange Act Section 13(a) and rules 13a-1 and 12b-20 
thereunder, and Exchange Act Section 13(b)(2)(A). The law judge barred 
Dearlove from appearing or practicing before the Commission in any 
capacity.
    Among the issues likely to be argued are whether Dearlove's conduct 
during the audit constituted improper professional conduct, whether 
Dearlove caused Adelphia's violations of the Exchange Act and rules 
thereunder, and whether there is merit to Dearlove's contention that he 
was deprived of due process because he did not have adequate time to 
prepare for the hearing before the law judge. The parties may also 
address whether and to what extent Dearlove should be sanctioned if he 
is found to have committed the alleged violations.
    The subject matter of the Closed Meeting scheduled for Tuesday, 
July 24, 2007 will be:
    Post-argument discussion.
    The subject matter of the Open Meeting scheduled for Wednesday, 
July 25, 2007 will be:
    1. The Commission will consider whether to approve the Public 
Company Accounting Oversight Board's Auditing Standard No. 5, An Audit 
of Internal Control Over Financial Reporting that is Integrated with an 
Audit of Financial Statements, a Related Independence Rule 3525, and 
Conforming Amendments.
    2. The Commission will consider whether to adopt rule amendments to 
Exchange Act Rule 12b-2 and Rule 1-02 of Regulation S-X to define the 
term ``significant deficiency.''
    3. The Commission will consider whether to publish a Concept 
Release to solicit public comment on allowing U.S issuers, including 
investment companies subject to the Investment Company Act of 1940, to 
prepare financial statements in accordance with International Financial 
Reporting Standards as published in English by the International 
Accounting Standards Board for purposes of complying with the 
Commission's rules and regulations.
    4. The Commission will consider whether to propose amendments to 
the proxy rules under the Securities Exchange Act of 1934 for operating 
and investment companies regarding shareholder proposals, disclosure 
about shareholder proponents, shareholder communications, and related 
matters.
    The subject matter of the Closed Meeting scheduled for Thursday, 
July 26, 2007 will be:
    Formal orders of investigations;
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings of an 
enforcement nature;
    Resolution of litigation claims;
    Amicus consideration;
    An adjudicatory matters; and
    Other matters related to enforcement proceedings.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed, please contact:
    The Office of the Secretary at (202) 551-5400.

    Dated: July 18, 2007.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-14216 Filed 7-20-07; 8:45 am]

BILLING CODE 8010-01-P
