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ADMINISTRATIVE PROCEEDING v IMPOSING REMEDIAL SANCTIONS Click to find out why . . .



Keywords & Phrases
CaseNo: 34-40987, Defendant: IMPOSING REMEDIAL SANCTIONS, Plaintiff: ADMINISTRATIVE PROCEEDING, UniqueCaseRef: SEC>34-40987, Aqua Buoy, Respondent, Acquisitions, Commission, Practice, Accounting, Stock, Audit, Report, Financial Statements, Lord Jeff, Matter, Proceeding, Securities, Instituting, Findings, Auditor, Pearson, Overstate, Professional Standards, Review, Exchange, Bogner, Pursuant, Officer, Market Price, Shares, Gaas, Professional Care, Evidential Matter , ContentID: 120244529

Case Documents
1 1999-01-28 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 111263
7 pages
TXT
Total Documents: 1 document , 7 pages
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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
RESPONDENT
ACQUISITIONS
COMMISSION
PRACTICE
ACCOUNTING
STOCK
AUDIT
REPORT
FINANCIAL STATEMENTS
LORD JEFF
MATTER
PROCEEDING
SECURITIES
INSTITUTING
FINDINGS
AUDITOR
PEARSON
OVERSTATE
PROFESSIONAL STANDARDS
REVIEW
EXCHANGE
BOGNER
PURSUANT
OFFICER
MARKET PRICE
SHARES
GAAS
PROFESSIONAL CARE
EVIDENTIAL MATTER
                                 UNITED STATES OF AMERICA
                                        Before the
                            SECURITIES AND EXCHANGE COMMISSION



          Securities and Exchange Act of 1934
          Release No.  40987 / January 28, 1999

          Accounting and Auditing Enforcement
          Release No.    1103 / January 28, 1999

          Administrative Proceeding
          File No. 3-9478



                                        :
                                        :
             In the Matter of           :    ORDER MAKING FINDINGS AND
                                        :    IMPOSING REMEDIAL SANCTIONS
                                        :    PURSUANT TO RULE 102(e) OF THE
             JAMES BOGNER, CPA          :    COMMISSION’S RULES OF PRACTICE
                                        :
                         Respondent.    :
                                        :

                                          I.

               On October 10, 1997, the Securities and Exchange Commission
          ("Commission") instituted public administrative proceedings
          against James Bogner  ("Bogner" or "Respondent") pursuant to Rule
          102(e) of the Commission's Rules of Practice ("Order Instituting
          Proceedings").[1]


          **FOOTNOTES**

               [1]: Rule 102(e)(1)(ii) [17 C.F.R. § 201.102(e)(1)(ii)]
provides
               in pertinent part that the Commission may deny, temporarily
or
               permanently, the privilege of appearing or practicing before
it
               in any way to any person who is found by the Commission
after
               notice and opportunity for a hearing in the matter to have
               engaged in improper professional conduct.
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • On October 10, 1997, the Securities and Exchange Commission instituted public administrative
  • Solely for the purpose of this proceeding and any other proceeding brought by or on behalf of g the findings contained in this Order Making Findings, except as to the jurisdiction of the
  • On the basis of the Order Instituting Proceedings and the Offer of Settlement submitted by
  • At the time of the transactions and events described in this Order, Aqua Buoy’s securities
  • During its 1991 and 1992 fiscal years, Aqua Buoy made a series of acquisitions of certain
  • a bankrupt sweater manufacturer named Lord Jeff Knitting Co., Inc.; and certain trademarks,
  • In addition, in its 1992 Quarterly Reports, Aqua Buoy materially overstated the value of the
  • On October 16, 1992, Aqua Buoy filed its annual report on Form 10-K for the fiscal year ended
  • Aqua Buoy restated the value of unregistered stock issued for the Pearson Acquisition by
  • However, in the 1992 Form 10-K, Aqua Buoy continued to overstate the value of the Lord Jeff
  • the method of valuations that Aqua Buoy used for these three 1991 Acquisitions was
  • RESPONDENT'S DEPARTURES FROM GAAS
  • F. Respondent audited the financial statements that were contained in Aqua Buoy’s 1992 Form
  • Respondent's audit report contained an unqualified opinion in which he represented that he
  • Sufficient Competent Evidential Matter
  • Professional Standards § 326.21a.
  • H. GAAS requires auditors to exercise due professional care in performing an audit and
  • In the course of performing an audit, the auditor must employ "such skill as possesswith
  • An officer of Aqua Buoy falsely told Respondent that Aqua Buoy had issued 2 million shares of
  • most recent peer review conducted in accordance
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