U.S. Securities and Exchange Commission , Civ. Action No. 00CV00475
Litigation Release No. 16466 / March 8, 2000
Accounting and Auditing Enforcement Release No. 1234 / March 8, 2000
SEC Files Settled Financial Fraud Case Against Inamed Corporation's
Former CEO Donald McGhan
The Securities and Exchange Commission filed today a settled civil
injunctive action against Donald K. McGhan, Inamed Corporation's
former Chairman and Chief Executive Officer. The complaint alleges
that in 1996 and 1997, Inamed Corporation, a publicly owned breast
implant manufacturer, made materially false and misleading statements
and omissions in its financial statements and periodic reports filed
with the Commission and in press releases distributed to the investing
public. As Inamed's former Chairman and Chief Executive Officer,
McGhan was responsible for the company's public financial disclosures
and either knew or was reckless in not knowing of the company's
materially false and misleading statements and omissions during this
period. Without admitting or denying the allegations of the complaint,
McGhan consented to the entry of a final judgment permanently
enjoining him from violating the antifraud, record-keeping and
internal controls provisions of the federal securities laws (Sections
10(b) and 13(b)(5) of the Securities Exchange Act of 1934 and Rules
10b-5 and 13b2-1, thereunder), and ordering him to pay a $50,000 civil
penalty.
The complaint alleges that Inamed failed to record a $1.4 million
interest expense relating to a waiver of an indenture default and thus
materially overstated income and shareholder equity for the quarter
ended June 30, 1996. McGhan signed the Form 10-Q and knew or was
reckless in not knowing that it contained false and misleading
financial statements. For the quarter ended September 30, 1996, the
complaint alleges that McGhan knowingly or recklessly caused Inamed to
improperly reduce the allowance for product returns by nearly $1.9
million from the prior quarter, which resulted in material
overstatements in Inamed's pre-tax income and shareholder equity.
The complaint also alleges that between May and September 1997, McGhan
was unable to resolve Inamed's several outstanding issues with its
auditors. On September 9, 1997, over five months after the required
filing date, McGhan reviewed and authorized Inamed's filing of its
Annual Report on Form 10-K with unaudited financial statements. Where
the auditor's report should have been located in the Form 10-K, Inamed
simply inserted the notation "To Come." McGhan caused Inamed to make
the filing without informing its auditors, whose work on the audit
continued, and without a chief financial officer to review the
SNIPPETS:
U.S. Securities and Exchange Commission,
SEC Files Settled Financial Fraud Case Against Inamed Corporation's Former CEO Donald McGhan
The complaint alleges that in 1996 and 1997, Inamed Corporation, a publicly owned breast
As Inamed's former Chairman and Chief Executive Officer, McGhan was responsible for the
Without admitting or denying the allegations of the complaint, McGhan consented to the entry
The complaint alleges that Inamed failed to record a $1.4 million interest expense relating
For the quarter ended September 30, 1996, the complaint alleges that McGhan knowingly or
On September 9, 1997, over five months after the required filing date, McGhan reviewed and
McGhan caused Inamed to make the filing without informing its auditors, whose work on the
The complaint also alleges that in connection with a default of a covenant relating to
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