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SEC v GUILFORD MILLS, INC Click to find out why . . .



Keywords & Phrases
CaseNo: 34-43068, Defendant: Guilford Mills, Inc., Plaintiff: SEC, UniqueCaseRef: SEC>34-43068, Hofmann Laces, Guilford, Accounting, Exchange Act, Gaffney, Reports, Commission, Entries, Financial Statements, General Ledger, Controls, Violation, Operating Income, Securities Exchange Act, Guilford Mills, Respondent, Books, Accounting System, Periodic Reports, Pursuant, Findings, Common Stock, Timothy, False Journal Entries, Restate, Separate, Earnings, Overstating, Inventory, Issuers , ContentID: 120244292

Case Documents
1 2000-07-24 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 111026
6 pages
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Total Documents: 1 document , 6 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
GUILFORD
ACCOUNTING
EXCHANGE ACT
GAFFNEY
REPORTS
COMMISSION
ENTRIES
FINANCIAL STATEMENTS
GENERAL LEDGER
CONTROLS
VIOLATION
OPERATING INCOME
SECURITIES EXCHANGE ACT
GUILFORD MILLS
RESPONDENT
BOOKS
ACCOUNTING SYSTEM
PERIODIC REPORTS
PURSUANT
FINDINGS
COMMON STOCK
TIMOTHY
FALSE JOURNAL ENTRIES
RESTATE
SEPARATE
EARNINGS
OVERSTATING
INVENTORY
ISSUERS
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION

   SECURITIES EXCHANGE ACT OF 1934
   Release No. 43068 / July 24, 2000

   ACCOUNTING AND AUDITING ENFORCEMENT
   Release No. 1287 / July 24, 2000

   ADMINISTRATIVE PROCEEDING
   File No. 3-10258


                                ORDER INSTITUTING CEASE-AND-
      In the Matter of          DESIST PROCEEDINGS PURSUANT
                                TO SECTION 21C OF THE
     GUILFORD MILLS, INC.,      SECURITIES EXCHANGE ACT
                                OF 1934 AND FINDINGS AND
        Respondent.             ORDER OF THE COMMISSION



   I.

   The Commission deems it appropriate to institute public administrative
   proceedings pursuant to Section 21C of the Securities Exchange Act of
   1934 ("Exchange Act") to determine whether Respondent Guilford Mills,
   Inc. violated Sections 13(a) and 13(b)(2) of the Exchange Act and Rule
   13a-13 thereunder.

   II.

   In anticipation of the institution of these administrative
   proceedings, Respondent has submitted an Offer of Settlement which the
   Commission has determined to accept. Solely for purposes of these
   proceedings and any other proceedings brought by or on behalf of the
   Commission or to which the Commission is a party, Respondent, without
   admitting or denying the matters set forth herein, consents to the
   issuance of this Order Instituting Cease-and-Desist Proceedings
   Pursuant to Section 21C of the Securities Exchange Act of 1934 and
   Findings and Order of the Commission ("the Order"), and to the entry
   of the findings, and the imposition of the remedial sanctions, set
   forth below.

   III.

   The Commission finds the following
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • GUILFORD MILLS, INC., SECURITIES EXCHANGE ACT
  • In anticipation of the institution of these administrative proceedings, Respondent has
  • Solely for purposes of these proceedings and any other proceedings brought by or on behalf of below.
  • Guilford's common stock is registered with the Commission under Section 12of the Exchange Act
  • One of Guilford's subsidiaries is Hofmann Laces, a textile operation with two manufacturing
  • the financial results of Hofmann Laces have been included in the consolidated financial
  • Timothy J. Gaffney was the Controller of Hofmann Laces from May 1986 until September 1998.
  • Gaffney's responsibilities included maintaining the accounting books and records of Hofmann
  • Following Guilford's acquisition of Hofmann Laces in January 1996, Guilford did not integrate
  • Although Guilford's independent auditors performed a separate year-end audit of the financial
  • Between January 1997 and August 1998, Gaffney made a series of false journal entries to the
  • In a typical false entry, Gaffney would decrease a trade accounts payable account in a
  • Gaffney's false entries in the aggregate had the effect of materially understating accounts
  • Gaffney's false journal entries did not affect the financial results reported in Guilford's
  • Inc. Operating Income Quarter ended Reported Restated Difference % change
  • This apparent divergence was a direct result of Gaffney's false journal entries, though
  • On November 24, 1998, in a press release announcing its operating results for the fiscal
  • Exchange Act Section 13and Rule 13a-13 thereunder require issuers of registered securities to
  • Accordingly, IT IS HEREBY ORDERED, pursuant to Section 21C of the Exchange Act, that Guilford
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