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SEC v BOSTON SCIENTIFIC CORPORATION Click to find out why . . .



Keywords & Phrases
CaseNo: 34-43183, Defendant: Boston Scientific Corporation, Plaintiff: SEC, State: OR Oregon, UniqueCaseRef: SEC>34-43183, Boston, Sales, Boston Japan, Exchange Act, Reports, False Sales, Commission, Distributors, Accounts, Violations, Net Income, Internal Controls, Goods, Books, Securities, Boston Scientific Corporation, Pursuant, Independent Distributors, Sales Managers, Restatement, Findings, Boston Japan Employees, Adequate System, Understatements, Net Losses, Quarterly Reports, Financial Statements, Revenue, Misstatements, Transactions , ContentID: 120244273

Case Documents
1 2000-08-21 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 111007
8 pages
HTML
Total Documents: 1 document , 8 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
SALES
BOSTON JAPAN
EXCHANGE ACT
REPORTS
FALSE SALES
COMMISSION
DISTRIBUTORS
ACCOUNTS
VIOLATIONS
NET INCOME
INTERNAL CONTROLS
GOODS
BOOKS
SECURITIES
BOSTON SCIENTIFIC CORPORATION
PURSUANT
INDEPENDENT DISTRIBUTORS
SALES MANAGERS
RESTATEMENT
FINDINGS
BOSTON JAPAN EMPLOYEES
ADEQUATE SYSTEM
UNDERSTATEMENTS
NET LOSSES
QUARTERLY REPORTS
FINANCIAL STATEMENTS
REVENUE
MISSTATEMENTS
TRANSACTIONS
   UNITED STATES OF AMERICA
   Before the
   SECURITIES AND EXCHANGE COMMISSION

   SECURITIES EXCHANGE ACT OF 1934
   Release No. 43183 / August 21, 2000

   ACCOUNTING AND AUDITING ENFORCEMENT
   Release No. 1295 / August 21, 2000

   ADMINISTRATIVE PROCEEDING
   File No. 3-10272

   In the Matter of

   BOSTON SCIENTIFIC CORPORATION,

   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 that cease-and-desist proceedings be, and hereby are,
   instituted against Boston Scientific Corporation ("Boston Scientific")
   pursuant to Section 21C of the Securities Exchange Act of 1934
   ("Exchange Act").

   II.

   In anticipation of the institution of these proceedings, Boston
   Scientific 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 to which the Commission is a party, and without
   admitting or denying the findings, except those findings pertaining to
   the jurisdiction of the Commission over it and over the subject matter
   of these proceedings, which Boston Scientific admits, Boston
   Scientific by its Offer consents to the entry of this Order
   Instituting Proceedings Pursuant to Section 21C of the Exchange Act,
   Making Findings, and Imposing 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 that cease-and-desist proceedings
  • Boston Scientific Japan, KK ("Boston Japan") is a Japanese corporation headquartered in
  • Boston Japan's net sales constituted approximately 16-18% of Boston Scientific's overall
  • This matter involves false sales recorded by Boston Japan, which resulted in Boston
  • Boston Japan recorded thousands of false sales collectively totaling more than $75 million.
  • Boston Japan submitted its false sales and earnings data to Boston Scientific, which then
  • As a result, Boston Scientific materially overstated its net income and/or understated its
  • Boston Japan's internal controls suffered from material weaknesses in that they failed to
  • Boston Japan's Fraudulent Salesand Boston Scientific's Restatement
  • Beginning at least as early as 1996 and continuing through the third quarter of 1998,
  • While the scheme began at least as early as 1996, it increased dramatically in 1997 and 1998
  • In certain cases, Boston Japan sales managers leased commercial warehouses, recorded false
  • In other cases, sales managers issued purchase orders, shipped goods to cooperating
  • Boston Japan's False Sales Caused Boston Scientific's Material Misstatements in Periodic
  • The booking of revenue based on false sales by Boston Japan caused Boston Scientific to make
  • Boston Japan failed to maintain accurate books and records, which resulted in Boston
  • Boston Japan recorded thousands of false sales transactions totaling more than $75 million to
  • The recording of the false sales caused Boston Japan's books, records, and accounts to
  • Boston Japan failed to maintain an adequate system of internal controls.
  • Violations of Section 13of the Exchange Act
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