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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
MANTIA COMPLAINT KEMPROWSKI EXCHANGE HERMAN SECURITIES COMMISSION SPARTZ CONTRACTS EXCHANGE ACT OFFICERS SENIOR MANAGEMENT FINANCIAL STATEMENTS REVENUES KUHN PIERRO VICE PRESIDENT ALLEGES DISCLOSURE ENJOIN SOLUCORP VIOLATING PROVISIONS THEREUNDER SOLUCORP INDUSTRIES BRYAN FAIR DIRECTORS LICENSE FEES REPORT IMPROPERLY RECOGNIZING |
SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 16388 / December 13, 1999 Accounting and Auditing Enforcement Release No. 1213 / December 13, 1999 SECURITIES AND EXCHANGE COMMISSION V. SOLUCORP INDUSTRIES LTD.; JOSEPH S. KEMPROWSKI; PETER R. MANTIA; JAMES G. SPARTZ; ROBERT KUHN; VICTOR HERMAN; ARLE PIERRO; AND W. BRYAN FAIR, 99 Civ. 11965 (WCC) (SDNY) (December 13, 1999) SEC SUES SOLUCORP INDUSTRIES LTD. AND OFFICERS AND DIRECTORS FOR FRAUDULENT CONDUCT SPANNING FOUR YEARS On December 13, 1999, the Securities and Exchange Commission filed a civil injunctive action in the United States District Court for the Southern District of New York, alleging that senior officers and directors of Solucorp Industries Ltd., a Canadian company which develops, markets and licenses products used in decontaminating soil, engaged in a deliberate and systematic scheme to defraud investors over a four year period. Charged in the action are Joseph S. Kemprowski, a former officer and director of, and currently consultant to, Solucorp; Peter R. Mantia, the president and a director of Solucorp; James G. Spartz, a vice president and a director of Solucorp; Robert Kuhn, a former vice president of Solucorp; and Victor Herman, CPA, the former chief financial officer of Solucorp's two principal operating subsidiaries and the preparer of Solucorp's consolidated financial statements. The Complaint alleges that in at least ten press releases, several regulatory filings, an annual report and a letter to shareholders, Solucorp's senior management (1) claimed to have contracts that would generate over $350 million in revenues, when, in fact, the contracts did not exist or were subject to undisclosed material contingencies; and (2) materially overstated revenues for existing contracts by publicly claiming to have contracts that would generate over $7 million in revenues, when, in fact, the contracts actually provided for the company to receive closer to $3 million. The Complaint also alleges that Solucorp senior management failed to timely announce the termination or postponement of numerous previously announced material contracts. The Complaint also alleges that senior management falsified Solucorp's financial statements by improperly recognizing as revenue license fees that were subject to material contingencies. Solucorp's improper recognition of license fees resulted in its filing with the Commission periodic, transition and interim reports, including financialSNIPPETS: |
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