SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 16609 / June 26, 2000
Accounting and Auditing Enforcement Release No.1279 / June 26, 2000
SECURITIES AND EXHANGE COMMISSION V. DCI TELECOMMUNICATIONS, INC.,
JOSEPH J. MURPHY, RUSSELL B. HINTZ, and GRACE P. MURPHY, Case No. 00
Civ. 4664 (RWS) (S.D.N.Y. filed June 23, 2000)
SEC FILES MICROCAP ACCOUNTING FRAUD CASE AGAINST DCI
TELECOMMUNICATIONS, INC. AND TWO OF ITS OFFICERS, AND SETTLES RELATED
PROCEEDINGS AGAINST AUDITORS
The Securities and Exchange Commission ("Commission") announced today
that on June 23, 2000, it filed a microcap accounting fraud complaint
against DCI Telecommunications, Inc. (`DCI") and its Chief Executive
Officer, Joseph J. Murphy, and Chief Financial Officer, Russell B.
Hintz. The complaint also names Murphy's wife, Grace P. Murphy, as a
relief defendant who is alleged to have received tainted proceeds from
the fraudulent conduct of the other defendants. This enforcement
action follows a temporary trading suspension that the Commission
ordered on May 3, 1999 based on questions raised regarding the
accuracy and adequacy of DCI's financial statements. See Exchange Act
Rel. No. 41358 (May 3, 1999).
The Commission's complaint, filed in the United States District Court
for the Southern District of New York, alleges that between March 1995
and June 1999, DCI improperly accounted for seven acquisitions and
grossly overvalued a purported $15 million contract and $5 million
promissory note. According to the complaint, DCI's improper accounting
caused the financial statements in five of DCI's Forms 10-K and twelve
of its Forms 10-Q to be materially false and misleading. The complaint
alleges that DCI's accounting fraud victimized investors who were
deceived into believing DCI was a vibrant, high-growth
telecommunications company, as well as the owners of several small
businesses who sold their companies to DCI in exchange for
near-worthless DCI stock.
In addition, the complaint alleges that DCI used its false financial
statements to raise $9 million in equity financing through Regulation
D and Regulation S private placements and to acquire a distribution
contract that DCI subsequently sold for an additional $9 million. The
complaint further alleges that DCI improperly raised additional funds
by using its employees as conduits to sell S-8 stock to the public and
kick back the sale proceeds to DCI.
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
JOSEPH J. MURPHY, RUSSELL B. HINTZ, and GRACE P. MURPHY, Case No. 00 Civ.
SEC FILES MICROCAP ACCOUNTING FRAUD CASE AGAINST DCI TELECOMMUNICATIONS,
The Securities and Exchange Commission announced today that on June 23, 2000, it filed a
The complaint also names Murphy's wife, Grace P. Murphy, as a relief defendant who is alleged
This enforcement action follows a temporary trading suspension that the Commission ordered on
See Exchange Act Rel.
The Commission's complaint, filed in the United States District Court for the Southern
The complaint alleges that DCI's accounting fraud victimized investors who were deceived into
The complaint further alleges that Murphy and his wife were unjustly enriched by DCI's
The Commission charges Murphy and Hintz with violations of Section 17of the Securities Act
The complaint seeks a permanent injunction, disgorgement of ill-gotten gains with prejudgment
In a related matter, also on June 23, 2000, the Commission instituted and settled
Without admitting or denying the Commission's substantive findings, the accounting firm
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