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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
COMMISSION EXCHANGE ACT SECURITIES DISGORGEMENT PENALTIES PAY GRADY RESPONDENT ALLIED DEVELOPMENT DISTRICT REMEDIAL SANCTIONS PRIOR COMMISSION ORDER PURSUANT COMPLAINT ADMINISTRATIVE PROCEEDING MICROCAP FRAUDULENT REQUIRING COURT CIVIL HULL ERICA CIVIL MONEY DISGORGEMENT AMOUNT PREJUDGMENT THEREUNDER PROVISIONS ANTIFRAUD |
SECURITIES AND EXCHANGE COMMISSION
Washington, DC
LITIGATION RELEASE NO. 16065 / February 18, 1999
Securities and Exchange Commission v. Grady A. Sanders and
Erica J. Hull, Civil Action No. 98-2346-LFO (D.D.C.)
On February 2, 1999, the Securities and Exchange
Commission ("Commission") obtained a federal court order
requiring Grady A. Sanders of Los Angeles to pay $1,115,195
in penalties and disgorgement arising from Sander’s
fraudulent promotion of a microcap company. The order,
entered by the Honorable Louis F. Oberdorfer of the United
States District Court for the District of Columbia, enforces
payment of penalties and disgorgement previously imposed by
the Commission in an administrative proceeding. Sanders
consented to the entry of the District Court’s order. The
Commission filed its complaint, pursuant to Section 21(e) of
the Securities Exchange Act of 1934 ("Exchange Act") [15
U.S.C. § 78u(e)], on September 30, 1998. The complaint
charged that Sanders failed to comply with the terms of the
prior Commission order imposing remedial sanctions issued in
In the Matter of New Allied Development Corp., Erica J.
Hull, and Grady A. Sanders, Administrative Proceeding File
No. 3-8395 (November 26, 1996).
The prior Commission order contained findings that
Sanders and another respondent were responsible for material
omissions and fraudulent representations concerning a
microcap company’s, New Allied Development Corp. ("New
Allied"), disclosure statements, made pursuant to Exchange
Act Rule 15c2-11, and press releases and concluded that
Sanders and the other respondent violated the antifraud
provisions of the Securities Act of 1933 ("Securities Act")
and the Exchange Act, and of Rule 10b-5 thereunder. The
Commission imposed remedial sanctions on Sanders and
required him to pay disgorgement of $115,195, prejudgment
interest on the disgorgement amount, and a civil money
penalty of $1,000,000. After Sanders failed to pay the
disgorgement and penalty as ordered by the Commission, the
Commission initiated this action.
For further information on this case, please see Exchange Act
Releases 37990 and 34274.
NEWS DIGEST SUMMARY
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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
EXCHANGE VIOLATIONS ACCOUNTING BARTON SECURITIES ACT PROVISIONS BIO COMMISSION FILING EARNINGS ACCOUNTING CONTROL LONGVIEW BONUS ROCKWOOD KRANAWETTER ROBINSON FINDINGS ACCOUNTING FRAUD COMPLAINT TARGETS ANTIFRAUD BOOKS INTERNAL ACCOUNTING CONTROL ADMITTING DENYING CAUSING THEREUNDER STOCK OPTIONS MANAGER |
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 16068 / February 24, 1999
Accounting and Auditing Enforcement
Release No. 1112 / February 24, 1999
Securities and Exchange Commission v. Robert S. Barton, No.
99-01881 (RCx) (C.D. Calif.) (February 23, 1999)
SEC Sues Former Chief Financial Officer of Operating
Division of Sunrise Medical Inc. for Accounting Fraud
and Insider Trading
The Securities and Exchange Commission announced today
the filing of an enforcement action in federal court in Los
Angeles charging Robert S. Barton ("Barton"), the former
chief financial officer of Bio Clinic Corporation ("Bio
Clinic"), a division of Sunrise Medical Inc. ("Sunrise
Medical"), with orchestrating a large-scale accounting fraud
that inflated Sunrise Medical’s earnings by 16% in 1994 and
40% in 1995. The Commission also charged Barton with
insider trading for exercising Sunrise Medical stock options
when he knew that the company’s financial statements
materially overstated its earnings. Sunrise Medical is a
Carlsbad, California manufacturer and distributor of medical
devices.
The complaint alleges as follows: Sunrise Medical set
annual earnings bonus targets for its operating divisions,
including Bio Clinic. Annual awards under the bonus program
were made to division management when the division met or
exceeded its targets. By 1994, Bio Clinic’s earnings were
flagging and the division began having problems meeting its
earnings targets. In 1994 and 1995, Barton fraudulently
reduced Bio Clinic's reported expenses by at least $19.6
million by recording fictitious assets and improperly
decreasing liabilities. This enabled Bio Clinic to meet its
earnings targets despite the financial problems it had begun
experiencing. Barton was awarded a bonus of over $25,000 in
1994. He did not receive a bonus in 1995 because the fraud
had been detected.
To carry out his scheme, Barton solicited the help of
Bio Clinic’s controller, Sharon Longview ("Longview"), and
its accounting manager, Christie Rockwood ("Rockwood"), to
make the improper accounting entries. He also prevailed on
the manager of Bio Clinic’s information systems, Vicki
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