INITIAL DECISION RELEASE NO. 1409

ADMINISTRATIVE PROCEEDING

FILE NO. 3-18347

UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

In the Matter of :

:

BRIAN SWEET, CPA : INITIAL DECISION

: August 2, 2021

APPEARANCES: Melissa Armstrong for the Division of Enforcement, 

Securities and Exchange Commission

Richard Morvillo of Stroock & Stroock & Lavan LLP

BEFORE: Carol Fox Foelak, Administrative Law Judge

SUMMARY

This Initial Decision (ID) dismisses the “additional proceedings” ordered by the Order 

Instituting Proceedings (OIP) in this administrative proceeding against Respondent Brian Sweet, 

CPA.

I. INTRODUCTION

The Securities and Exchange Commission instituted this proceeding with an OIP on January 

22, 2018, pursuant to Sections 4C and 21C of the Securities Exchange Act of 1934 and Rule 102(e) 

of the Commission’s Rules of Practice. Brian Sweet, CPA, Exchange Act Release No. 82557, 2018 

SEC LEXIS 149. The OIP alleges that Respondent engaged in improper professional conduct 

related to unauthorized disclosures of confidential information from the Public Company 

Accounting Oversight Board. Id., passim. The OIP, pursuant to Respondent’s offer of settlement, 

imposed various sanctions and ordered “additional proceedings . . . to determine what, if any, 

disgorgement or civil penalties . . . against [him] are in the public interest.” Id. at *26. The OIP 

ordered the hearing on these issues to be convened following the conclusion of Cynthia Holder, 

CPA, Admin. Proc. No. 3-18346. Id. at *27-28. On July 30, 2021, following the conclusion of 

proceedings as to two respondents in Holder,

1

the Division of Enforcement advised that it would 

not pursue additional relief of disgorgement or civil penalties from Respondent Sweet. Accordingly, 

“additional proceedings” are unnecessary and will be dismissed. 

 

1 Thomas Whittle, CPA, Exchange Act Release No. 92513, 2021 SEC LEXIS 2116 (July 28, 2021; 

David Britt, CPA, Exchange Act Release No. 92514, 2021 SEC LEXIS 2109 (July 28, 2021). 
2

II. ORDER

IT IS ORDERED that the “additional proceedings” ordered by the OIP in this administrative 

proceeding ARE DISMISSED.

This ID shall become effective in accordance with and subject to the provisions of 17 C.F.R. 

§ 201.360, pursuant to which a party may file a petition for review of this ID within twenty-one 

days after service of the ID. A party may also file a motion to correct a manifest error of fact within 

ten days of the ID, pursuant to 17 C.F.R. § 201.111(h). If a motion to correct a manifest error of 

fact is filed by a party, then a party shall have twenty-one days to file a petition for review from the 

date of the undersigned’s order resolving such motion to correct a manifest error of fact. The ID 

will not become final until the Commission enters an order of finality. The Commission will enter 

an order of finality unless a party files a petition for review or a motion to correct a manifest error 

of fact or the Commission determines on its own initiative to review the ID as to a party. If any of 

these events occur, the ID shall not become final as to that party.

/S/ Carol Fox Foelak 

Carol Fox Foelak

Administrative Law Judge