UNITED STATES OF AMERICA

before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934

Release No. 98595 / September 28, 2023

ACCOUNTING AND AUDITING ENFORCEMENT

Release No. 4463 / September 28, 2023

ADMINISTRATIVE PROCEEDING

File No. 3-21746

In the Matter of

ROBERT DEL PRETE, 

Respondent.

ORDER INSTITUTING PUBLIC

ADMINISTRATIVE PROCEEDINGS

PURSUANT TO RULE 102(e) OF THE 

COMMISSION’S RULES OF PRACTICE, 

MAKING FINDINGS, AND IMPOSING 

REMEDIAL SANCTIONS

I.

The Securities and Exchange Commission (“Commission”) deems it appropriate and in the 

public interest that public administrative proceedings be, and hereby are, instituted against Robert 

Del Prete (“Respondent” or “Del Prete”) pursuant to Rule 102(e)(3)(i) of the Commission’s Rules 

of Practice.1 

II.

In anticipation of the institution of these proceedings, Respondent has submitted an Offer 

of Settlement (the “Offer”) which the Commission has determined to accept. Solely for the 

purpose of these proceedings and any other proceedings brought by or on behalf of the 

Commission, or to which the Commission is a party, Respondent admits the Commission’s 

jurisdiction over him and the subject matter of these proceedings, and the findings contained in 

1 Rule 102(e)(3)(i) provides, in relevant part, that:

The Commission, with due regard to the public interest and without preliminary hearing, 

may, by order, . . . suspend from appearing or practicing before it any . . . accountant . . . who has 

been by name . . . permanently enjoined by any court of competent jurisdiction, by reason of his 

or her misconduct in an action brought by the Commission, from violating or aiding and abetting 

the violation of any provision of the Federal securities laws or of the rules and regulations 

thereunder.
2

Section III, paragraph 3 below, and consents to the entry of this Order Instituting Public 

Administrative Proceedings Pursuant to Rule 102(e) of the Commission’s Rules of Practice, 

Making Findings, and Imposing Remedial Sanctions (“Order”), as set forth below. 

III.

On the basis of this Order and Respondent’s Offer, the Commission finds that: 

1. Del Prete, age 38, is a resident of Brick, New Jersey. From September 2020

until May 2022, Del Prete was a consultant who provided accounting services to HighCape Capital 

Acquisition Corp. (“HighCape”). Del Prete is not licensed as a certified public accountant.

2. HighCape was, at all relevant times, a Delaware corporation with its 

principal place of business in New York, New York. HighCape was a Special Purpose Acquisition 

Company or a blank check company. At all relevant times, HighCape’s common stock was 

registered with the Commission pursuant to Section 12(b) of the Securities Exchange Act of 1934 

(“Exchange Act”) and traded on the NASDAQ National Market. 

 

3. On September 25, 2023, a judgment was entered against Del Prete, 

permanently enjoining him from future violations of Section 10(b) of the Exchange Act and Rule 

10b-5 thereunder, in the civil action entitled Securities and Exchange Commission v. Robert Del 

Prete, Civil Action Number 23-20452, in the United States District Court for the District of New 

Jersey. Pursuant to the judgment, Del Prete was also prohibited from acting as an officer or 

director of any issuer that has a class of securities registered pursuant to Section 12 of the 

Exchange Act [15 U.S.C. § 78l] or that is required to file reports pursuant to Section 15(d) of the 

Exchange Act [15 U.S.C. § 78o(d)].

4. The Commission’s complaint alleged that Del Prete, an accounting 

consultant at HighCape subject to a confidentiality provision, had advance knowledge of a 

business combination between HighCape and a target company due to his inside position and 

involvement in events relating to the deal. Among other things, Del Prete was present at board 

meetings on January 27 and February 17, 2021 during which the planned business combination

was discussed. The complaint alleged that Del Prete bought 5,789.65 shares of HighCape, less 

than an hour after attending the February 17 board meeting. In addition, the complaint alleged that 

Del Prete sold all 5,789.65 shares on February 18, 2021, after the press release announcing the deal 

was issued, realizing a profit of $60,170.
3

IV.

In view of the foregoing, the Commission deems it appropriate and in the public interest to 

impose the sanction agreed to in Respondent Del Prete’s Offer.

Accordingly, it is hereby ORDERED, effective immediately, that:

Del Prete is suspended from appearing or practicing before the Commission as an 

accountant. 

By the Commission.

Vanessa A. Countryman

Secretary