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ADMINISTRATIVE PROCEEDING v DONNKENNY Click to find out why . . .



Keywords & Phrases
CaseNo: 34-41012, Defendant: DONNKENNY, Plaintiff: ADMINISTRATIVE PROCEEDING, UniqueCaseRef: SEC>34-41012, Donnkenny, Sales, Revenue, Exchange Act, Reports, Securities, Commission, Accounting, Journal Entries, Inventory, Scheme, Goods, Controller, Improper, Bulk Orders, Invoices, Financial Statements, Net Income, Reverse, Importer, Recognized Revenue, Transactions, Year-end, Instituting, Former Employees, Periodic Reports, Opens, Third-party Warehouse, Loss, Phony , ContentID: 120244528

Case Documents
1 1999-02-02 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 111262
9 pages
HTML
Total Documents: 1 document , 9 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
SALES
REVENUE
EXCHANGE ACT
REPORTS
SECURITIES
COMMISSION
ACCOUNTING
JOURNAL ENTRIES
INVENTORY
SCHEME
GOODS
CONTROLLER
IMPROPER
BULK ORDERS
INVOICES
FINANCIAL STATEMENTS
NET INCOME
REVERSE
IMPORTER
RECOGNIZED REVENUE
TRANSACTIONS
YEAR-END
INSTITUTING
FORMER EMPLOYEES
PERIODIC REPORTS
OPENS
THIRD-PARTY WAREHOUSE
LOSS
PHONY
UNITED STATES OF AMERICA
before the
SECURITIES AND EXCHANGE COMMISSION

   SECURITIES ACT OF 1933
   Release No. 7636 / February 2, 1999

   SECURITIES EXCHANGE ACT OF 1934
   Release No. 41012 / February 2, 1999

   ACCOUNTING AND AUDITING ENFORCEMENT
   Release No. 1104 / February 2, 1999

   ADMINISTRATIVE PROCEEDING
   File No. 3-9822

   In the Matter of

   DONNKENNY, INC.,
   Respondent.
   Order Instituting Public Administrative
   Proceedings, Making Findings, and
   Instituting a Cease-and-Desist Order

   I.

   The Commission deems it appropriate that public administrative
   proceedings be, and hereby are, instituted against Donnkenny, Inc.,
   pursuant to Section 8A of the Securities Act of 1933 (Securities Act)
   and Section 21C of the Securities Exchange Act of 1934 (Exchange Act).

   II.

   In anticipation of the institution of these proceedings, Donnkenny has
   submitted an offer of settlement, 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
   contained in this order (except that Donnkenny admits that the
   Commission has jurisdiction over it and over the subject matter of
   these proceedings), Donnkenny consents to the entry of the findings
   and the institution of the cease-and-desist order set forth below.

   III.

   The Commission finds the following

   A. FACTS
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • Order Instituting Public Administrative
  • The Commission deems it appropriate that public administrative proceedings be, and hereby
  • Beginning in at least early 1994 and continuing until August 1996, under the direction of
  • To create this illusion, Donnkenny's former chief executive officer, chief financial officer,
  • As a result of the actions of these former employees, Donnkenny violated the antifraud,
  • As part of the fraudulent scheme, Donnkenny improperly recognized revenue on * out-of-period
  • As a result of the scheme, Donnkenny's financial statements and other disclosures in its
  • The following table compares Donnkennys originally reported net income with the net income
  • Net Income (Loss) 2,105 1,467% 2,175 468%
  • The former controller and former assistant controller would then through a combination of
  • After the fraudulent revenue was recorded, the former assistant controller would track the
  • Donnkenny Recognized Revenue on Out-of-Period Shipments by Holding Quarters OpenS
  • Donnkenny Recognized Revenue on Anticipated Future Sales by Pulling Forward Bulk Orders
  • * Finally, in subsequent quarters, if and when the customers finalized their orders by
  • These bulk orders had a material impact on Donnkenny's quarterly and annual net sales because
  • During the first quarter of 1995, to meet the company's revenue target, Donnkenny's
  • The importer responded that they would try to sell the clothing, but expressed doubts about
  • Section 13of the Exchange Act and Rules 13a-1 and 13a-13 thereunder require issuers of
  • Rule 12b-20 of the Exchange Act also requires that periodic reports contain all information
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