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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
FASTCOMM CIVIL DESLAURIER COMPLAINTS SALES COMMISSION SECURITIES REVENUE SHIPMENT CIVIL ACTION ALLEGES EXCHANGE ACT RAFFERTY TRANSACTIONS RECOGNITION WAREHOUSE FUTURE VIOLATIONS PROVISIONS JUDGEMENT CIVIL PENALTY OFFICER MARK RAFFERTY DISTRICT COURT RELATED-PARTY CUSTOMER UNFINISHED PRODUCT DIRECTING BACKDATING COMPANY DOCUMENTATION |
SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 16310 / September 28, 1999 SECURITIES AND EXCHANGE COMMISSION v. FASTCOMM COMMUNICATIONS CORPORATION, Civil Action No. 99-1448-A (E.D. Va. September 28, 1999). SECURITIES AND EXCHANGE COMMISSION v. CHARLES L. DESLAURIER, Civil Action No. 99-1449-A (E.D. Va. September 28, 1999). The Securities and Exchange Commission today filed civil injunctive actions against FastComm Communications Corporation, a telecommunications company based in Sterling, Virginia, and Charles L. DesLaurier, formerly FastComm's Vice President of Contracts and Administration. The Complaints, filed in the United States District Court for the Eastern District of Virginia, charged that FastComm, with the knowledge and participation of DesLaurier, engaged in two transactions that led to the fraudulent recognition of revenue in certain of the company's financial statements during 1993 and 1994. These transactions related to purported sales that did not support the recognition of revenue under applicable accounting standards. According to the Complaints, FastComm recognized $185,000 in revenue on a sale of telecommunications products that were not completely assembled and not fully functional as originally shipped, and that a certain number were packaged and shipped after the close of the fiscal quarter. The Complaint as to DesLaurier alleges that he directed the shipment of incomplete product and ordered the backdating of Company documentation to conceal that certain shipments had been made after the end of the quarter. The Complaints further allege that FastComm improperly recognized revenue of $579,000 during the quarter ended February 5, 1994, on two sales to a South American customer. This represented approximately one-third of its sales revenue for that period. When finished product was not available for shipment to satisfy these orders, unfinished product was shipped to a freight-forwarder's warehouse to be held until recalled by FastComm. Moreover, this shipment to the warehouse was not completed by midnight on the last day of the quarter, and thus some or all of the unfinished product was packaged and shipped after the close of the fiscal quarter. The Complaint further alleges that these sales were contingent upon a letter of credit from the customer, which was never provided, and upon a further sale of the product by the customer to an end-user. The Complaint as to DesLaurier alleges that DesLaurier ordered the shipment of unfinished product to the warehouse; that he knew of the conditional nature of the sale; and that he was aware of the backdating of Company documentation toSNIPPETS: |
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