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SEC v AMERICAN CLASSIC VOYAGES CO Click to find out why . . .



Keywords & Phrases
CaseNo: 34-44473, Defendant: American Classic Voyages Co., Plaintiff: SEC, UniqueCaseRef: SEC>34-44473, Advertising Costs, Exchange Act, Reports, Commission, Expense, Capitalization, Accounting, Response, Sop, Pursuant, Securities, Direct-response, Loss, Disclose, Cruises, Customers, Future Benefits, Operating, Financial Statements, Instituting, Revenues, Findings, Misleading, Understanding, Gaap, Exception, Probable Future, Thereunder, Income, Issuer , ContentID: 120243958

Case Documents
1 2001-06-25 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 110692
7 pages
TXT
Total Documents: 1 document , 7 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
EXCHANGE ACT
REPORTS
COMMISSION
EXPENSE
CAPITALIZATION
ACCOUNTING
RESPONSE
SOP
PURSUANT
SECURITIES
DIRECT-RESPONSE
LOSS
DISCLOSE
CRUISES
CUSTOMERS
FUTURE BENEFITS
OPERATING
FINANCIAL STATEMENTS
INSTITUTING
REVENUES
FINDINGS
MISLEADING
UNDERSTANDING
GAAP
EXCEPTION
PROBABLE FUTURE
THEREUNDER
INCOME
ISSUER
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION

Securities Exchange Act of 1934
Release No. 44473 / June 25, 2001

   Accounting and Auditing Enforcement
   Release No. 1416 / June 25, 2001

   Administrative Proceeding
   File No. 3-10523
     _________________________________________________________________

   In the Matter of

   AMERICAN CLASSIC VOYAGES CO.

     Respondent.
     _________________________________________________________________

   ORDER INSTITUTING
   PROCEEDINGS PURSUANT
   TO SECTION 21C OF THE
   SECURITIES EXCHANGE ACT
   OF 1934, MAKING FINDINGS
   AND IMPOSING A CEASE-
   AND-DESIST ORDER

                                     I.

   The Securities and Exchange Commission (Commission) deems it
   appropriate to institute cease-and-desist proceedings against
   Respondent American Classic Voyages Co. (American Classic) pursuant to
   Section 21C of the Securities Exchange Act of 1934 (Exchange Act).

   In anticipation of the institution of these proceedings, American
   Classic has submitted an Offer of Settlement (Offer), which the
   Commission has determined to accept. Solely for the purpose of these
   proceedings and any other proceedings brought by or on behalf of the
   Commission or in which the Commission is a party, prior to a hearing
   pursuant to the Commission's Rules of Practice, 17 C.F.R. §201.100 et
   seq., and without admitting or denying the Commission's findings
   contained herein, except to the Commission's jurisdiction over it and
   the subject matter of this proceeding, which are admitted, American
   Classic consents to the entry of this Order Instituting Proceedings
   Pursuant to Section 21C of the Exchange Act, Making Findings and
   Imposing a Cease-and-Desist Order (Order).
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • ORDER INSTITUTING PROCEEDINGS PURSUANT TO SECTION 21C OF THE SECURITIES EXCHANGE ACT OF 1934,
  • The Securities and Exchange Commission deems it appropriate to institute cease-and-desist
  • American Classic filed periodic and other informational reports with the Commission pursuant
  • The first quarter 1999 Form 10-Q was inaccurate and misleading in three material respects,
  • Advertising costs were a significant expense for American Classic, and the capitalization of
  • the Management's Discussion and Analysis section of the first quarter 1999 Form 10-Q compared
  • Second, the financial statements in the first quarter 1999 Form 10-Q understated American
  • American Classic deviated from GAAP by failing to disclose in its first quarter 1999 Form
  • In early 1999, American Classic was concerned that its accounting method of expensing its
  • the expenses associated with the direct marketing for particular cruises were not being
  • E. The financial statements in American Classic's Form 10-Q included an income statement for
  • F. Section 13of the Exchange Act and Rule 13a-13 thereunder require issuers of registered
  • Item 303 of Regulation S-K requires that the MD&A section of a public company's interim
  • Requirements of SOP 93-7 - "Reporting on Advertising Costs"
  • SOP 93-7, however, contains an exception for certain direct-response advertising costs, which
  • there must be a means of documenting that response, including a record that can identify the
  • Further, to utilize the exception, SOP 93-7 requires that the advertising costs result in
  • Demonstrating that direct-response advertising will result in future benefits requires
  • N. On or about May 14, 1999, American Classic violated Section 13of the Exchange Act and
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