U.S. SECURITIES AND EXCHANGE COMMISSION.
LITIGATION RELEASE NO. 16302 / September 28, 1999
ACCOUNTING AND AUDITING ENFORCEMENT
RELEASE NO. 1172
Securities and Exchange Commission v. Bradley J. Buchanan, Case No. 1
99CV02567 (TPJ) (D.D.C.)
SEC CHARGES FORMER GENERAL MANAGER WITH FRAUD ARISING FROM THEFT OF
OVER $400,000
The Securities and Exchange Commission today filed a Complaint in the
United States District Court for the District of Columbia against
Bradley J. Buchanan, of Sarnia, Ontario. The Complaint alleges that
Buchanan, a former employee of a subsidiary of Thor Industries, Inc.
(the "Issuer"), stole corporate funds totaling at least $415,000.
According to the Complaint, to conceal his theft, give the appearance
that the subsidiary was operating at a profit when it was not, and to
earn performance bonuses, Buchanan made false entries to the
subsidiary's books and records over a several year period.
According to the Complaint, in December 1993, Buchanan began stealing
funds from General Coach of America, Inc. d/b/a ElDorado National
(Michigan), Inc. (the "subsidiary"), and he continued to do so until
March 1998. The Complaint also alleges that, beginning in November
1995, and continuing until March 1998, Buchanan made false entries on
the books and records he maintained and controlled for the subsidiary.
According to the Complaint, at month-end, Buchanan would create
illusory profits by crediting or decreasing actual expenses incurred
during the month and debiting or increasing asset accounts, including
accounts receivable, inventory and cash. According to the Complaint,
the Issuer used the accounts that Buchanan had falsified to generate a
monthly income statement and balance sheet for the subsidiary, which
were used to prepare the Issuers monthly consolidated financial
statements. As a result, for the six month period ended January 31,
1998, the subsidiary's pre-tax income was overstated by $1.3 million,
or 137%; for the year ended July 31, 1997, its pre-income was
overstated by $2.4 million, or 121%; and for the year ended July 31,
1996, its pre-income was overstated by $2.5 million, or 144%.
Accordingly, due to Buchanan's fraudulent scheme, the Issuer filed
with the Commission annual and periodic reports for fiscal 1996, 1997,
and the first two quarters of fiscal 1998, which materially overstated
net income by between 4% to 19%, and a registration statement on Form
S-8, which incorporated by reference the 1997 financial statements.
As a result, the Complaint alleges that Buchanan violated Section
SNIPPETS:
U.S. SECURITIES AND EXCHANGE COMMISSION.
The Securities and Exchange Commission today filed a Complaint in the United States District
The Complaint alleges that Buchanan, a former employee of a subsidiary of Thor Industries,
According to the Complaint, to conceal his theft, give the appearance that the subsidiary was
According to the Complaint, at month-end, Buchanan would create illusory profits by crediting
According to the Complaint, the Issuer used the accounts that Buchanan had falsified to
As a result, for the six month period ended January 31, 1998, the subsidiary's pre-tax income
Accordingly, due to Buchanan's fraudulent scheme, the Issuer filed with the Commission annual
As a result, the Complaint alleges that Buchanan violated Section 17of the Securities Act of
The Complaint seeks a permanent injunction and an officer and director bar against Buchanan.
On September 21, 1999, the United States Attorney's Office for the Eastern District of
The fourteen-count indictment charges Buchanan with twelve counts of wire fraud and two
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