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SEC v CYLINK CORPORATION Click to find out why . . .



Keywords & Phrases
CaseNo: 34-43357, Defendant: Cylink Corporation, Plaintiff: SEC, UniqueCaseRef: SEC>34-43357, Cylink, Exchange, Revenue, Commission, Distributor, Transaction, Public Cease-and-desist Proceeding, Warehouse, Exchange Act, Former Cfo, North American Sales, Revenue Recognition, Customer, Encryption, Accounting, Software Product, Securities Exchange Act, Cylink Corporation, Making Findings, Financial Statements, Hardware Products, Privatewire, Wireless Division, Administration, Respondent, Revenue Goals, Revenue Target, Discontinued Operations, Overstatement, Reported Revenue , ContentID: 120244224

Case Documents
1 2000-09-27 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 110958
11 pages
HTML
Total Documents: 1 document , 11 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
EXCHANGE
REVENUE
COMMISSION
DISTRIBUTOR
TRANSACTION
PUBLIC CEASE-AND-DESIST PROCEEDING
WAREHOUSE
EXCHANGE ACT
FORMER CFO
NORTH AMERICAN SALES
REVENUE RECOGNITION
CUSTOMER
ENCRYPTION
ACCOUNTING
SOFTWARE PRODUCT
SECURITIES EXCHANGE ACT
CYLINK CORPORATION
MAKING FINDINGS
FINANCIAL STATEMENTS
HARDWARE PRODUCTS
PRIVATEWIRE
WIRELESS DIVISION
ADMINISTRATION
RESPONDENT
REVENUE GOALS
REVENUE TARGET
DISCONTINUED OPERATIONS
OVERSTATEMENT
REPORTED REVENUE
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION

   SECURITIES EXCHANGE ACT OF 1934
   Release No. 43357 / September 27, 2000

   ACCOUNTING AND AUDITING ENFORCEMENT
   Release No. 1313 / September 27, 2000

   ADMINISTRATIVE PROCEEDING
   File No. 3-10311
   In the Matter of

   CYLINK CORPORATION

   Respondent.
   ORDER INSTITUTING PUBLIC CEASE-AND-DESIST PROCEEDING, MAKING FINDINGS
   AND ISSUING A CEASE-AND-DESIST ORDER

   I.

   The Securities and Exchange Commission ("Commission") deems it
   appropriate that a public cease-and-desist proceeding be instituted
   pursuant to Section 21C of the Securities Exchange Act of 1934
   ("Exchange Act") against Cylink Corporation ("Cylink" or the "Company"
   or the "Respondent").

   Accordingly, IT IS HEREBY ORDERED that a cease-and-desist proceeding
   against Cylink be, and hereby is, instituted.

   II.

   In anticipation of the institution of this proceeding, Cylink has
   submitted an Offer of Settlement ("Offer"), which the Commission has
   determined to accept. Solely for the purpose of this proceeding 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 contained herein except that Cylink admits the jurisdiction
   of the Commission over it and over the subject matter of this
   proceeding, Cylink consents to the issuance of this Order Instituting
   Public Cease-and-Desist Proceeding, Making Findings and Issuing a
   Cease-and-Desist Order Against Cylink Corporation ("Order").

   III.

   On the basis of this Order and the Offer, the Commission makes the
   following findings
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • The Securities and Exchange Commission deems it appropriate that a public cease-and-desist
  • Solely for the purpose of this proceeding and any other proceedings brought by or on behalf rporation.
  • Respondent
  • Beginning in the fourth quarter of 1997 and continuing through the first two quarters of
  • Cylink recognized $3.7 million in revenue on product it stored in a third-party warehouse
  • Cylink's former CFO also directed that Cylink falsify its internal records to reflect open
  • Finally, the former CFO directed that Cylink recognize revenue on the transaction in fiscal
  • In the second transaction, Cylink's former CFO directed that the Company recognize
  • The former CFO knew or was reckless in not knowing that recognizing revenue in light of the
  • The fraud continued during the first two quarters of 1998, as Cylink failed to meet
  • To mask the revenue shortfalls, former Cylink executives resorted to a variety of fraudulent til some later date; and on transactions where Cylink did not have the product the customer ordered
  • Cylink's then-CFO played a key role in the fraud during 1998, as did the Company's then-Vice
  • In February and April of 1999, Cylink restated these financial statements.
  • For fiscal 1997, the restatement's main impact was on earnings from discontinued operations,
  • Historically, Cylink had two major businesses the encryption division, which sold encryption
  • At the time, the encryption software firm had one primary product, PrivateWire, a software
  • Cylink set a fiscal 1998 revenue target for the Company of approximately $100 million, more
  • In the financial statements included in the Form 10-K, Cylink reported revenue of $49.3
  • For example, Cylink's order administration department was responsible for tracking orders
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