Securities and Exchange Commission
Litigation Release No. 16307 / September 28, 1999
Accounting and Auditing Enforcement
Release No. 1178
SECURITIES AND EXCHANGE COMMISSION V. COMPUTONE CORPORATION, THOMAS J.
ANDERSON, GREGORY A. ALBA, DONALD A. PEARCE, DUNCAN E. HUME AND BRIAN
D. KRETSCHMAN, Civil Action No. 1 99-CV-2496 (N.D. Ga.)
SEC SUES COMPUTONE CORPORATION AND CERTAIN OFFICERS FOR INFLATING
EARNINGS
The Commission announced that on September 28, 1999, it filed a
complaint against Computone Corporation ("Computone") of Alpharetta,
Georgia, which designs, manufactures and sells computer hardware and
software products, Thomas J. Anderson ("Anderson") of Georgetown,
South Carolina, its former president and chief executive officer,
Gregory A. Alba ("Alba") of Norristown, Pennsylvania, its former
controller and chief financial officer, Donald A. Pearce ("Pearce") of
Reston, Virginia, its former vice president of finance and principal
accounting officer, Duncan E. Hume ("Hume") of Greensboro, Georgia, a
vice president of international sales, and Brian D. Kretschman
("Kretschman") of Alpharetta, Georgia, a vice president of sales.
The complaint alleges a pervasive effort by these senior management
employees to overstate Computone's income from October 1993 through
October 1997. For example, the defendants recognized revenue in
approximately 240 transactions where, among other things, customers
had never placed orders, products were not shipped to customers,
products were shipped before customers wanted delivery, or the
risks/rewards of ownership had not passed to the customers.
Computone's income was also overstated as a result of the deliberate
refusal to timely record product returns and failure to properly
account for various expenses. As a result, the defendants collectively
violated the antifraud, reporting, books and records, and internal
control provisions of the Securities Exchange Act of 1934 (Sections
10(b), 13(a), 13(b)(2)(A), 13(b)(2)(B), and 13(b)(5) and Rules 10b-5,
12b-20, 13a-1, 13a-13, 13b2-1 and 13b2-2 thereunder).
The complaint asks the Court to issue permanent injunctions against
all the defendants and seeks civil money penalties against Anderson,
Alba, Pearce, Hume and Kretschman, and disgorgement plus prejudgment
interest against Anderson. The Commission also seeks a court order
barring Anderson from serving as an officer and director in the
future.
SNIPPETS:
Securities and Exchange Commission
Accounting and Auditing Enforcement
KRETSCHMAN, Civil Action No. 1 99-CV-2496 (N.D.
SEC SUES COMPUTONE CORPORATION AND CERTAIN OFFICERS FOR INFLATING EARNINGS
The complaint alleges a pervasive effort by these senior management employees to overstate
For example, the defendants recognized revenue in approximately 240 transactions where, among
Computone's income was also overstated as a result of the deliberate refusal to timely record
Anderson regularly directed others to falsify Computone's financial statements and underlying
He also misled Computone's auditors and he circumvented and failed to implement internal
Alba, a CPA, disregarded factual matters relating to transactions that he recorded in
Hume altered a customer's purchase order to allow Computone to inflate its income and then
This action is one of fourteen cases involving financial reporting and/or fraud that were
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