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SEC v MICHAEL J. BECKER Click to find out why . . .



Keywords & Phrases
CaseNo: 34-44460, Defendant: Michael J. Becker, Plaintiff: SEC, UniqueCaseRef: SEC>34-44460, Exchange Act, Reports, Becker, Vista, Commission, Violation, Financial Statements, Securities, Accounting, Sales, Overstatements, Gaap, Thereunder, Pursuant, Stock, Misstatements, Matter, Respondent, Instituting, Findings, Stock Ownership, Net Income, Transactions, Administrative Proceedings, Participation, Books, Eps, Scienter, Causing, Provisions , ContentID: 120243963

Case Documents
1 2001-06-21 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 110697
6 pages
TXT
Total Documents: 1 document , 6 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
REPORTS
BECKER
VISTA
COMMISSION
VIOLATION
FINANCIAL STATEMENTS
SECURITIES
ACCOUNTING
SALES
OVERSTATEMENTS
GAAP
THEREUNDER
PURSUANT
STOCK
MISSTATEMENTS
MATTER
RESPONDENT
INSTITUTING
FINDINGS
STOCK OWNERSHIP
NET INCOME
TRANSACTIONS
ADMINISTRATIVE PROCEEDINGS
PARTICIPATION
BOOKS
EPS
SCIENTER
CAUSING
PROVISIONS
   UNITED STATES OF AMERICA
   Before the
   SECURITIES AND EXCHANGE COMMISSION

   SECURITIES EXCHANGE ACT OF 1934
   Release No. 44460 / June 21, 2001

   ACCOUNTING AND AUDITING ENFORCEMENT
   Release No. 1412 / June 21, 2001

   ADMINISTRATIVE PROCEEDING
   File No. 3-10520
     _________________________________________________________________

   In the Matter of

   MICHAEL J. BECKER

   Respondent
     _________________________________________________________________

   ORDER INSTITUTING PUBLIC
   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 that public administrative proceedings pursuant to Section
   21C of the Securities Exchange Act of 1934 ("Exchange Act") be, and
   they hereby are, instituted against Michael J. Becker ("Becker").
   Accordingly, IT IS HEREBY ORDERED that said proceedings be, and hereby
   are, instituted.

                                    II.

   In anticipation of the institution of these administrative
   proceedings, Respondent Becker 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,
   and without admitting or denying the findings herein, except that he
   admits the jurisdiction of the Commission over him and over the
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • ORDER INSTITUTING PUBLIC PROCEEDINGS PURSUANT TO SECTION 21C OF THE SECURITIES EXCHANGE ACT
  • The Securities and Exchange Commission deems it appropriate that public administrative
  • In anticipation of the institution of these administrative proceedings, Respondent Becker has
  • Solely for the purpose of these proceedings and any other proceedings brought by or on behalf gs and Imposing A Cease-and-Desist Order.
  • Vista's common stock, which was registered pursuant to Section 12of the Exchange Act, was
  • IMPROPER ACCOUNTING AND STOCK OWNERSHIP PRACTICES
  • On November 20, 1995, Vista filed its Form 10-QSB for the quarter-ended September 30, 1995.
  • For example, Vista's net sales were overstated by 662%, its net income overstated by 138% and
  • Although Becker assisted in the preparation of the September 1995 Form 10-QSB, he refused to
  • During the quarter ended September 1995, Vista improperly recorded numerous sales in its
  • As a result, Vista failed to comply with GAAP when it reported approximately $604,851 and
  • the EPS reported in the September 1995 Form 10-QSB was further materially overstated due to
  • Failure to file stock ownership reports on Forms 3,
  • Becker never filed any stock ownership reports on Forms 3, 4 or 5 with the Commission
  • To prove a violation of Section 10of the Exchange Act and Rule 10b-5 thereunder, the
  • The magnitude of the overstatements of Vista's revenues, income, EPS and assets demonstrate
  • Although he did not sign the September 1995 Form 10-QSB, he assisted in its preparation and
  • Becker caused Vista to violate Section 13of the Exchange Act and Rule 13a-13 thereunder
  • Becker committed violations of or caused Vista to violate these foregoing provisions through
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