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Ex-SEC Staffer Barred From Practicing Before the Commission

May 25, 2012
[ by Howard Haykin ] The SEC on Thursday, issued an order barring a former Enforcement Official in the Commission’s Fort Worth office, from appearing and practicing before the Commission for one year for violating federal conflict of interest rules. The SEC imposed the sanction in an Administrative Proceeding,  thus resolving allegations involving Spencer Barasch’s representation of Stanford Group Company after Barasch went into private practice.  Barasch consented to the Commission’s action without admitting or denying the Commission’s allegations.  Earlier in the year, Barasch agreed to pay a $50K civil fine for the same conduct. Barasch and His Involvement with Allen Stanford. Barasch, a Dallas resident, was the Associate District Director for the Division of Enforcement in the Fort Worth Regional Office from 1998 to 2005.  According to the SEC's order, while at the Commission, Barasch took part "personally and substantially" in decisions involving allegations of securities law violations by entities associated with Robert Allen Stanford, including Stanford Group Company. After leaving the SEC, Barasch joined a private law firm in 2005.  He contacted the SEC's Ethics Office about whether he could represent the Stanford Group Company before the Commission.  He was told NO - that he was permanently barred from doing so with respect to any matters on which he had participated while at the Commission. Nevertheless, after initially declining to represent Stanford Group Company, Barasch accepted an engagement with a Stanford entity in the fall of 2006.  All told, he billed Stanford for 12 hours of legal work that related directly to Stanford matters Barasch had participated in while at the Commission. Applicable U.S. Laws. Former federal officers and employees are prohibited from knowingly seeking to influence or appear before any agency on a matter in which they had "participated personally and substantially" during their federal employment.  The SEC also finds that Barasch violated this conflict of interest rule, which constitutes “improper professional conduct” under Rule 102(e) of the Commission’s rules of practice. Before Barasch can resume appearing and practicing before the Commission, the Commission must determine that Barasch has truthfully sworn that he has satisfied several conditions that reflect on his character and fitness to practice before the Commission. SEC Staff Credits. Investigation by Thomas Karr, Karen Shimp, Sarah Hancur of the Office of the General Counsel.  This followed an investigation and report by the SEC's Office of the Inspector General. For further details, go to:  [SEC PR 12-102, 5/24/12] and [SEC '34 Act Release #67060, 5/24/12].