SEC DEFENSE

Can the SEC Disbar an Attorney?

April 1, 2026 1 minutes read By Todd Spodek, Esq.
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The SEC possesses authority to sanction attorneys practicing before the Commission. The SEC’s regulatory framework permits multiple forms of disciplinary action against legal professionals.

When Can the SEC Disbar an Attorney?

Under Rule 102(e), the SEC may pursue disbarment under three circumstances:

  • Conviction of felonies or misdemeanors involving moral turpitude
  • Suspension or disbarment by state bars or licensing authorities
  • Engagement in unethical or improper professional conduct

Common allegations include assisting clients in securities law violations, filing false statements, inadequate due diligence, misappropriation of client funds, obstruction of justice, and perjury.

Potential Consequences

The SEC may impose four sanctions:

  • Censure
  • Temporary suspension from SEC practice
  • Disbarment with or without reapplication permission
  • Permanent disbarment without reapplication possibility

Your Options

Two primary approaches exist: contesting allegations on their merits or negotiating settlement with the Enforcement Division. Settlement negotiations often yield better outcomes than trial results.

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