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SEC v FASTCOMM COMMUNICATIONS CORPORATION and CHARLES L. DESLAURIER Click to find out why . . .



Keywords & Phrases
CaseNo: LR-16310, CourtCode: DIS, CourtName: COURT FOR THE EASTERN DISTRICT OF VIRGINIA, CHARGED THAT FASTCOMM,, Defendant: Fastcomm Communications Corporation and Charles L. Deslaurier, Plaintiff: SEC, State: VA Virginia, UniqueCaseRef: SEC>LR-16310, Exchange, 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 , ContentID: 120241799

Case Documents
1 1999-09-28 SEC LITIGATION RELEASE
[ see first page and extracted highlights below  ] ItemID: 104892
2 pages
HTML
Total Documents: 1 document , 2 pages
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1 . SEC LITIGATION RELEASE

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 to
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION v. FASTCOMM COMMUNICATIONS CORPORATION, Civil Action No.
  • The Securities and Exchange Commission today filed civil injunctive actions against FastComm
  • The Complaints, filed in the United States District Court for the Eastern District of
  • The Complaint as to DesLaurier alleges that he directed the shipment of incomplete product
  • The Complaints further allege that FastComm improperly recognized revenue of $579,000 during
  • When finished product was not available for shipment to satisfy these orders, unfinished
  • In addition, in a non-fraud claim, the Commission alleges that FastComm failed to disclose a
  • The final judgment as to FastComm enjoins it from future violations of Section 10, Section
  • The final judgment as to DesLaurier permanently enjoins him from future violations of Section
  • In a related matter, on September 28, 1999, the Commission instituted and simultaneously
  • Madsen and Rafferty each consented, without admitting or denying the Commission's findings,
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