SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16354 / November 16 , 1999
Accounting and Auditing Enforcement Release No. 1209 / November 16,
1999
SEC v. Accelr8 Technology Corporation, et. al., U.S. District Court,
D. Colorado, No. Civ. 99-D-2203
The Commission today charged a Denver software development company,
Accelr8 Technology Corp. ("Accelr8") and three members of its senior
management with fraudulently misrepresenting the capabilities of its
computer software products developed to solve potential Year 2000
problems in computer software programs and with filing false financial
statements with the Commission.
The Commission's complaint alleges that from 1997 through 1999,
Accler8 and two senior officers, Thomas V. Geimer, Accler8's chief
executive officer, chief financial officer, and chairman, and Harry J.
Fleury, Accelr8's president, misrepresented the widespread utility of
the company's Year 2000 software tools, called Navig8 2000. Accler8's
Navig8 2000 software was allegedly created to analyze computer
programs developed for the VAX/VMS computer system manufactured by
Digital Equipment Corporation ("DEC"), which represent a small
fraction of the programs that need remediation for Year 2000. The
Commission alleges that Accler8, Geimer and Fleury failed to disclose
that Navig8 2000 was developed to analyze DEC's VAX/VMS computer
programs only and misrepresented that Navig8 2000 analyzed computer
programs written for International Business Machine Corp.'s UNIX
operating system and Microsoft Corporation's NT operating system. The
Commission alleges that the misrepresentations appeared in Accler8's
Commission filings, press releases, the company's website, and
marketing materials distributed to investors.
The Commission also alleges that from April 1998 through April 1999,
Accelr8 filed annual and quarterly reports with the Commission
containing false financial statements. The Commission alleges that in
the quarter ended April 30, 1998, Accelr8 improperly booked revenue on
three unfulfilled contracts that together materially overstated the
company's quarterly revenue by approximately $1.2 million, $380,000 of
which should never have been recognized. The Commission also alleges
that Accelr8 improperly recognized maintenance revenue with the
initial license fee on numerous sales transactions, materially
overstating fiscal year 1998 revenue by $260,000. In the quarter ended
January 31, 1999, Accelr8 allegedly improperly accelerated recognition
of maintenance revenue on a major contract by $310,000 taking the
company from a pre-tax loss of $228,000 to pre-tax income of $82,000.
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
The Commission today charged a Denver software development company, Accelr8 Technology Corp.
The Commission's complaint alleges that from 1997 through 1999, Accler8 and two senior
Accler8's Navig8 2000 software was allegedly created to analyze computer programs developed
The Commission alleges that Accler8, Geimer and Fleury failed to disclose that Navig8 2000
The Commission alleges that in the quarter ended April 30, 1998, Accelr8 improperly booked
The Commission also alleges that Accelr8 improperly recognized maintenance revenue with the
In the quarter ended January 31, 1999, Accelr8 allegedly improperly accelerated recognition
Finally, the Commission alleges that Accelr8 failed to amortize capitalized software
The financial statements were allegedly prepared by James Godkin, Accelr8's controller and
The Commission alleges that Accler8 violated the antifraud and filing provisions of the
The Commission alleges that Geimer and Godkin violated Sections 10and 13of the Exchange Act
The Commission alleges that Fleury violated of Section 10of the Exchange Act and Rule 10b-5
The Commission filed its complaint in federal court in Denver, Colorado, and seeks a
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