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SEC v MICROTEST, INC Click to find out why . . .



Keywords & Phrases
CaseNo: 34-44308, Defendant: Microtest, Inc., Plaintiff: SEC, State: OR Oregon, UniqueCaseRef: SEC>34-44308, Microtest, Exchange Act, Commission, Accounting, Sales, Revenue, Thereunder, Securities Exchange Act, Pursuant, Payment Terms, Distributors, Transactions, Graybar, Reasonably Estimate, Financial Statements, Anixter, Rights, Respondent, Revenue Recognition, Sales Experience, Cease-and-desist Order, Instituted Pursuant, Stock Rotation, Agreements, Net Income, Violations, Gaap, Materially Inaccurate, Direct Sales, Sfas , ContentID: 120244008

Case Documents
1 2001-05-16 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 110742
9 pages
TXT
Total Documents: 1 document , 9 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
EXCHANGE ACT
COMMISSION
ACCOUNTING
SALES
REVENUE
THEREUNDER
SECURITIES EXCHANGE ACT
PURSUANT
PAYMENT TERMS
DISTRIBUTORS
TRANSACTIONS
GRAYBAR
REASONABLY ESTIMATE
FINANCIAL STATEMENTS
ANIXTER
RIGHTS
RESPONDENT
REVENUE RECOGNITION
SALES EXPERIENCE
CEASE-AND-DESIST ORDER
INSTITUTED PURSUANT
STOCK ROTATION
AGREEMENTS
NET INCOME
VIOLATIONS
GAAP
MATERIALLY INACCURATE
DIRECT SALES
SFAS
   UNITED STATES OF AMERICA
   Before the
   SECURITIES AND EXCHANGE COMMISSION

   SECURITIES EXCHANGE ACT OF 1934
   Release No. 44308 / May 16, 2001

   ACCOUNTING AND AUDITING ENFORCEMENT
   Release No. 1397 / May 16, 2001

   ADMINISTRATIVE PROCEEDING
   File No. 3-10483
     _________________________________________________________________

   In the Matter of

   MICROTEST, INC.,

   Respondent.
     _________________________________________________________________

   ORDER INSTITUTING PUBLIC
   PROCEEDINGS PURSUANT TO
   SECTION 21C OF THE SECURITIES
   EXCHANGE ACT OF1934, MAKING
   FINDINGS AND IMPOSING A
   CEASE-AND-DESIST ORDER

                                     I.

   The Securities and Exchange Commission ("Commission") deems it
   appropriate that public proceedings be instituted pursuant to Section
   21C of the Securities Exchange Act of 1934 ("Exchange Act") to
   determine whether Microtest, Inc. ("Microtest" or "Respondent")
   violated Sections 13(a), 13(b)(2)(A) and 13(b)(2)(B) of the Exchange
   Act, and Rules 12b-20, 13a-1, and 13a-13 thereunder.

                                    II.

   In anticipation of the institution of these proceedings, Microtest has
   submitted an Offer of Settlement ("Offer") that 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 to
   which the Commission is a party, Microtest, by its Offer, without
   admitting or denying the Commission's findings contained in this Order
   Instituting Public Proceedings Pursuant to Section 21C of the
   Securities Exchange Act of 1934, Making Findings and Imposing a
   Cease-and-Desist Order (the "Order"), except that it admits to 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 proceedings be
  • In order to meet revenue goals at the end of the third fiscal quarter of 1995, Microtest
  • Microtest violated generally accepted accounting principles by improperly recognizing the
  • As a result of the improper recognition of revenue from these transactions, Microtest
  • Microtest instituted a direct sales program in which the buyers entered into the transactions
  • This improper accounting was discovered during the audit of Microtest's 1996 financial
  • For example, Microtest was only able to obtain sales from two of its largest distributors,
  • The end-of-quarter sales to Anixter and Graybar totaled $3,129,000, or 20.6 percent of third
  • The invoices for these sales included liberal payment terms and rights of return that were
  • Microtest also granted to Anixter stock rotation rights up to $200,000 for the first quarter
  • Microtest could not estimate the amount of returns on sales to the three new distributors
  • Violations of Section 13and Rules 12b-20, 13a-1, and 13a-13
  • Section 13of the Exchange Act and Rules 13a-1 and 13a-13 thereunder require issuers of
  • Financial statements incorporated in Commission filings must comply with Regulation S-X,
  • The revenue recognition for these transactions was not in accordance with the GAAP
  • SFAS No. 48 requires that in order to recognize revenue at the point of sale when the buyer
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