SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 16634 / July 24, 2000
Accounting and Auditing Enforcement Release No. 1288 / July 24, 2000
SECURITIES AND EXCHANGE COMMISSION v. TIMOTHY J. GAFFNEY, Case No. 1
00CV01725 (RMU) (U.S.D.C., D.D.C.)
SEC ANNOUNCES SETTLED ENFORCEMENT PROCEEDINGS AGAINST GUILFORD MILLS,
INC. AND TIMOTHY J. GAFFNEY
The Securities and Exchange Commission today announced settled
enforcement proceedings against Guilford Mills, Inc., a textile
company based in Greensboro, North Carolina, and Timothy J. Gaffney,
the former controller of Guilford's Hofmann Laces subsidiary in
Cobleskill, New York. The Commission filed a securities fraud
complaint against Gaffney in the United States District Court for the
District of Columbia and issued an administrative cease-and-desist
order against Guilford.
In its complaint against Gaffney, the Commission alleged that Gaffney
made a series of false accounting entries in 1997 and 1998 while
employed as controller of Guilford's Hofmann Laces subsidiary, which
Guilford had acquired in January 1996. According to the complaint,
Gaffney's false entries materially understated accounts payable and
materially overstated earnings for Hofmann Laces, which in turn caused
Guilford's consolidated operating results to be materially overstated
in the financial statements included in Guilford's quarterly reports
on Form 10-Q filed with the Commission for the quarters ended December
28, 1997, March 29, 1998, and June 28, 1998. Without admitting or
denying the allegations of the Commission's complaint, Gaffney
consented to entry of a judgment that enjoins him from violating the
antifraud, internal accounting controls, and record-keeping provisions
of the Securities Exchange Act of 1934 (Sections 10(b) and 13(b)(5)
and Rules 10b-5 and 13b2-1 thereunder), and orders him to pay a
$25,000 civil penalty.
In the related administrative proceeding against Guilford, the
Commission found that Guilford failed to implement and maintain
adequate internal accounting controls following its acquisition of
Hofmann Laces, which allowed Gaffney's false entries to go undetected
and resulted in books and records that did not accurately and fairly
reflect Guilford's transactions and asset dispositions. Based on those
findings, the Commission issued an order finding that Guilford
violated the periodic reporting, internal accounting controls, and
record-keeping provisions of the Exchange Act (Sections 13(a) and
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION v. TIMOTHY J. GAFFNEY,
SEC ANNOUNCES SETTLED ENFORCEMENT PROCEEDINGS AGAINST GUILFORD MILLS,
AND TIMOTHY J. GAFFNEY
The Commission filed a securities fraud complaint against Gaffney in the United States
In its complaint against Gaffney, the Commission alleged that Gaffney made a series of false
According to the complaint, Gaffney's false entries materially understated accounts payable
Without admitting or denying the allegations of the Commission's complaint, Gaffney consented
In the related administrative proceeding against Guilford, the Commission found that Guilford
Based on those findings, the Commission issued an order finding that Guilford violated the
Guilford consented to the issuance of the Commission's order without admitting or denying the
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