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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
BARTER EXCHANGE COMPLAINT ALLEGES SECURITIES REPORTS BAER BARTER TRANSACTIONS MORRIS FRAUD MARKET BARTER DEALS ASSETS STOCK COMMISSION DISCLOSURES CONTROL MEMBERS TRADE DOLLARS ACT GRAHAM NORRIS CYNTHIA PFALTZGRAFF JOSEPH CIVIL REVENUES FINANCIAL STATEMENTS INVESTORS OFFSHORE ENTITIES GOODS |
SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 16305 / SEPTEMBER 28, 1999
ACCOUNTING AND AUDITING ENFORCEMENT
RELEASE NO. 1175
SEC V. ITEX CORPORATION, TERRY L. NEAL, MICHAEL T. BAER, GRAHAM H.
NORRIS, CYNTHIA PFALTZGRAFF AND JOSEPH M. MORRIS, CIV. NO. 99-1361
(HA) (D. Ore. September 27, 1999)
SEC FILES FRAUD CASE AGAINST ITEX CORPORATION
On September 27, 1999, the Securities and Exchange Commission filed a
civil fraud action in the United States District Court for the
District of Oregon against Itex Corporation ("Itex"), Terry L. Neal,
Michael T. Baer, Graham H. Norris, Cynthia Pfaltzgraff and Joseph M.
Morris (Civil Action 99-1361-HA). The Commission's complaint alleges
that from at least December 1993 through February 1998, Itex, a
company engaged in the barter exchange business and formerly listed on
the NASDAQ Small Cap Market, materially inflated its revenues and
earnings in financial statements filed with the Commission and in
other disclosures made to the investing public. The Complaint alleges
that Terry Neal, Itex's founder and control person orchestrated and
implemented a broad-ranging fraudulent scheme by making materially
false and misleading disclosures about the company's business and by
failing to disclose numerous suspect and in many cases sham barter
deals between Itex and various mysterious offshore entities related to
and/or controlled by Neal. Neal was assisted in the fraud scheme by
various people who, at the time, were members of Itex management,
specifically, Michael Baer, Graham Norris, Joseph Morris and Cynthia
Pfaltzgraff.
The Complaint alleges that the defendants defrauded Itex investors by
bartering assets of little or no value and by designating the value of
many of Itex's assets and transactions in "trade dollars" rather than
their far lower U.S.-dollar fair market values on its financial
statements. On the Itex Exchange, members trade goods and services. In
lieu of trading (or bartering) such goods and services directly,
Exchange members use Itex trade dollars, issued to them by the Itex
Exchange. Itex corruptly took advantage of the process, however, by
orchestrating numerous bogus barter deals, in which the goods and
services exchanged were grossly overvalued, and then reported in Itex
public filings as income and/or assets, thus facilitating the fraud.
The Complaint alleges that Itex reported substantial revenue from sham
barter transactions as a principal in its own name or through its
Swiss-based subsidiary, Associated Reciprocal Traders ("ART"). In
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