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below is a selection from the news covered in Federal Securities Law Reporter,
which is distributed to subscribers of Federal
Securities Law Reporter.)
Company Treasurer Suspended in Connection with Inventory Reporting
The SEC claimed that a company treasurer, in order to
increase the company's allowable borrowings and avoid default under its credit
facility, caused the company to falsely report as inventory merchandise that was
ordered but never shipped to the company. The SEC also alleged that this false
reporting of in-transit inventory was a default under the terms of the credit
facility. In addition, the company allegedly included the falsely inflated
levels of inventory in its general ledger and thus reported false and inflated
levels of inventory in the interim financial statements filed with the SEC on
various Form 10-Qs.
In a previous judicial proceeding, the individual had been
enjoined from future securities law violations. In the settled administrative
proceeding, the Commission suspended him from appearing or practicing before the
Commission as an accountant. However, under the terms of the order, he could,
after three years, request consideration of his reinstatement. He consented to
the issuance of the order without admitting or denying any of the allegations in
the civil injunctive action.
Release No. 34-55434 is reported at ¶87,768.
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