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SEC v GRADY A. SANDERS and ERICA J. HULL Click to find out why . . .



Keywords & Phrases
CaseNo: LR-16065, CourtCode: FED, CourtName: COMMISSION COMMISSION OBTAINED A FEDERAL COURT ORDER, Defendant: Grady A. Sanders and Erica J. Hull, Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>LR-16065, Act, Exchange, Commission, Sanders, Violations, Provisions, Accounting, Barton, Securities, Securities Act, Disgorgement, Complaint, Bio, Penalties, Pay, Grady, Antifraud, Filing, Earnings, Accounting Control, Longview, Respondent, Allied Development, District, Thereunder, Bonus, Rockwood, Kranawetter, Robinson, Findings, Accounting Fraud, Targets, Books, Internal Accounting Control, Remedial Sanctions, Prior Commission Order, Pursuant, Administrative Proceeding, Microcap, Fraudulent , ContentID: 120242047

Case Documents
1 1999-02-18 SEC LITIGATION RELEASE
[ see first page and extracted highlights below  ] ItemID: 131665
2 pages
TXT
2 1999-02-18 SEC LITIGATION RELEASE
[ see first page and extracted highlights below  ] ItemID: 105140
3 pages
TXT
Total Documents: 2 documents , 5 pages
Price: $ 24.95


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1 . SEC LITIGATION RELEASE

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
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • Civil Action No. 98-2346-LFO
  • requiring Grady A. Sanders of Los Angeles to pay $1,115,195
  • fraudulent promotion of a microcap company.
  • States District Court for the District of Columbia,
  • payment of penalties and disgorgement previously imposed by
  • the Securities Exchange Act of 1934 [15
  • The complaint
  • In the Matter of New Allied Development Corp., Erica J.
  • Hull, and Grady A. Sanders, Administrative Proceeding File
  • The prior Commission order contained findings that
  • Sanders and another respondent were responsible for material
  • Allied"), disclosure statements, made pursuant to Exchange
  • Sanders and the other respondent violated the antifraud
  • provisions of the Securities Act of 1933
  • and of Rule 10b-5 thereunder.
  • 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

  • 2 . SEC LITIGATION RELEASE

    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
    
    SNIPPETS:
  • Securities and Exchange Commission v. Robert S. Barton,
  • Division of Sunrise Medical Inc. for Accounting Fraud
  • the filing of an enforcement action in federal court in Los
  • chief financial officer of Bio Clinic Corporation ("Bio
  • insider trading for exercising Sunrise Medical stock options
  • materially overstated its earnings.
  • The complaint alleges as follows:
  • Annual awards under the bonus program
  • exceeded its targets.
  • the manager of Bio Clinic’s information systems,
  • complaint alleges that Barton violated the antifraud
  • provisions of the Securities Act of 1933
  • and the antifraud, books and records, and internal
  • abetting or causing violations of Section 17of the
  • Exchange Act and Rules 10b-5 and 13b2-1 thereunder.
  • Without admitting or denying the
  • Commission’s findings, Sunrise Medical consented to an order
  • books and records, and internal accounting control
  • Medical to cease and desist from committing or causing any
  • Longview, Rockwood, Kranawetter, and Robinson for their
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