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SEC v JAMES D. MONTGOMERY, II, DANNY R. AUERBACH, et al Click to find out why . . .



Keywords & Phrases
CaseNo: 34-42882, Defendant: James D. Montgomery, II, Danny R. Auerbach, and Michael L. Glaser, Plaintiff: SEC, UniqueCaseRef: SEC>34-42882, Auerbach, Exchange Act, Commission, Computone, Violation, Securities, Findings, Caused Computone, Committed Violations, Thereunder, Danny, Respondent, Pursuant, Sales, Report, Income, Causing, Future Violation, Matter, Order Making Findings, Settlement, Admitting, Georgia, Customer, Purchase Order, President, Internal Computone Sales, Principal Responsibility, Request, Transaction , ContentID: 120244615

Case Documents
1 2000-06-01 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 111349
3 pages
HTML
Total Documents: 1 document , 3 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
EXCHANGE ACT
COMMISSION
COMPUTONE
VIOLATION
SECURITIES
FINDINGS
CAUSED COMPUTONE
COMMITTED VIOLATIONS
THEREUNDER
DANNY
RESPONDENT
PURSUANT
SALES
REPORT
INCOME
CAUSING
FUTURE VIOLATION
MATTER
ORDER MAKING FINDINGS
SETTLEMENT
ADMITTING
GEORGIA
CUSTOMER
PURCHASE ORDER
PRESIDENT
INTERNAL COMPUTONE SALES
PRINCIPAL RESPONSIBILITY
REQUEST
TRANSACTION
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION

   SECURITIES EXCHANGE ACT OF 1934
   Release No. 42882 / June 1, 2000

   ACCOUNTING AND AUDITING ENFORCEMENT
   Release No. 1266 / June 1, 2000

   ADMINISTRATIVE PROCEEDING
   File No. 3-10042
     _________________________________________________________________

   In the Matter of

   James D. Montgomery, II,
   Danny R. Auerbach, and
   Michael L. Glaser

     Respondent.
     _________________________________________________________________


   ORDER MAKING FINDINGS
   AND IMPOSING A
   CEASE-AND-DESIST
   ORDER AS TO
   DANNY R. AUERBACH

   I.

   On September 28, 1999, the Securities and Exchange Commission
   ("Commission") deemed it appropriate that public administrative
   cease-and-desist proceedings be instituted pursuant to Section 21C of
   the Securities Exchange Act of 1934 ("Exchange Act") against Danny R.
   Auerbach ("Auerbach").

   Following the institution of those proceedings, Auerbach submitted an
   Offer of Settlement ("Offer"), which the Commission has determined to
   accept. Solely for the purpose of these proceedings and any other
   proceeding brought by or on behalf of the Commission or in which the
   Commission is a party, Auerbach consents to the entry of this Order
   Making Findings and Cease-and-Desist Order ("Order") without admitting
   or denying the findings set forth herein, except as to the
   jurisdiction of the Commission over him and over the subject matter of
   these proceedings, which are admitted.

SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • ORDER MAKING FINDINGS AND IMPOSING A CEASE-AND-DESIST ORDER AS TO DANNY R. AUERBACH
  • On September 28, 1999, the Securities and Exchange Commission deemed it appropriate that
  • Solely for the purpose of these proceedings and any other proceeding brought by or on behalf
  • Computone Corporation is a company headquartered in Alpharetta, Georgia that designs,
  • Computone's common stock is registered pursuant to Section 12of the Exchange Act.
  • Auerbach, of Lawrenceville, Georgia, was Computone's national sales manager in January 1997.
  • On or about January 3, 1997, the last day of Computone's FY 1997 third quarter, Auerbach was
  • Auerbach complied with the request.
  • Auerbach knew that a purchase order from the customer had not been received by Computone.
  • E. In part as the result of Auerbach's conduct, Computone recognized this transaction as a
  • In part, this caused Computone to report $126,000 of income from continuing operations during
  • F. Auerbach committed violations of Section 13of the Exchange Act, committed violations and
  • Accordingly, IT IS HEREBY ORDERED that Auerbach cease and desist from committing or causing
  • The findings herein are made pursuant to the Offer of Settlement of Auerbach and are not
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