U.S. SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 16627 / July 14, 2000
Accounting and Auditing Enforcement Release No. 1285 / July 14, 2000
SECURITIES AND EXCHANGE COMMISSION v. SYSTEM SOFTWARE ASSOCIATES,
INC., ROGER COVEY and JOSEPH SKADRA, Civ. No. 00C 4240 (July 13, 2000,
N.D. Ill.)
On July 13, 2000, the Securities and Exchange Commission filed a civil
injunctive action against System Software Associates, Inc. ("SSA");
its former Chief Executive Officer and Chairman of the Board, Roger
Covey; and its former Chief Financial Officer, Joseph Skadra, alleging
fraudulent accounting practices that resulted in massive investor
losses.
The Complaint alleges that CEO Covey and CFO Skadra caused SSA to
misstate its financial results during its fiscal years 1994 through
1996 by improperly reporting revenue on sales of a development-stage
UNIX-language software product. Those customers who purchased SSA's
UNIX product during the relevant period experienced severe and
continuing difficulties with its functionality and performance and in
many instances rejected the product. Because there existed significant
uncertainties about customer acceptance of the product and
collectibility of the contract price and significant vendor
obligations remained, the earnings process was not complete and
recognition of revenue on sales of the product was improper under
applicable accounting standards.
The Complaint also alleges that, during 1995 and 1996, in addition to
the above fraudulent practice, SSA recognized approximately $52
million in revenue from sales of its UNIX product that were subject to
side letters or other material contingencies.
According to the Complaint, defendants' fraudulent activities resulted
in substantial losses to those public investors who purchased SSA
stock during the period when the company's financial statements were
misstated. During the relevant period, SSA's stock traded for as much
as $45 per share, and the company's market capitalization reached
$1.44 billion. In January 1997, after SSA's independent auditors
required it to restate revenues for 1994 and 1995, SSA's stock price
declined to approximately $10 per share. SSA is presently in a
bankruptcy proceeding and its stock is virtually worthless.
SSA, Covey, and Skadra are charged with violating or aiding and
abetting violations of Section 17(a) of the Securities Act of 1933,
SNIPPETS:
U.S. SECURITIES AND EXCHANGE COMMISSION
Accounting and Auditing Enforcement Release No. 1285 / July 14,
SYSTEM SOFTWARE ASSOCIATES, INC., ROGER COVEY and JOSEPH SKADRA, Civ.
On July 13, 2000, the Securities and Exchange Commission filed a civil injunctive action
The Complaint alleges that CEO Covey and CFO Skadra caused SSA to misstate its financial
Those customers who purchased SSA's UNIX product during the relevant period experienced
Because there existed significant uncertainties about customer acceptance of the product and
The Complaint also alleges that, during 1995 and 1996, in addition to the above fraudulent
defendants' fraudulent activities resulted in substantial losses to those public investors
SSA, Covey, and Skadra are charged with violating or aiding and abetting violations of
Covey and Skadra, in addition, are charged with violating Section 13of the Exchange Act and
The Complaint seeks a Judgment of Permanent Injunction against all defendants and, in
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