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SEC v MARSHALL E. MELTON and ASSET MANAGEMENT Click to find out why . . .



Keywords & Phrases
CaseNo: 34-41258, CourtCode: FED, CourtName: AND AMR IN FEDERAL DISTRICT COURT IN FEBRUARY 1997, ALLEGING VIOLATIONS OF, Defendant: Marshall E. Melton and Asset Management &, Plaintiff: SEC, UniqueCaseRef: SEC>34-41258, Stock, Grant, Audit, Sky, Accounting, Recording, Assets, Financial Statements, Commission, Exchange, Form S-8, Predecessor, Report, Practice, Reaudit, Mineral Property, Gaap, Danner, Pursuant, Matter, Issuance, Accordance, Engagement, Work Papers, Predecessor Auditor, Securities, Auditing Standards, Opinion, Conformity, Shares, Act, Administrative Proceedings, Melton, Successor, Exchange Commission, Investment Advisers Act, Instituting, Marshall, Asset Management, Alleges, Amr, Violations , ContentID: 120244917

Case Documents
1 1999-04-06 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 111653
1 pages
TXT
2 1999-04-05 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 111654
7 pages
TXT
Total Documents: 2 documents , 8 pages
Price: $ 24.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
EXCHANGE
ACT
ADMINISTRATIVE PROCEEDINGS
MELTON
EXCHANGE COMMISSION
INVESTMENT ADVISERS ACT
INSTITUTING
MARSHALL
ASSET MANAGEMENT
ALLEGES
AMR
VIOLATIONS
LAWS
ANTIFRAUD PROVISIONS
INJUNCTIONS
ADMINISTRATIVE PROCEEDINGS PURSUANT
GREENSBORO
NORTH CAROLINA
WHOLLY-OWNED REGISTERED INVESTMENT
REGISTERED INVESTMENT ADVISORY
INVESTMENT ADVISORY FIRM
LAWSUIT
FEDERAL DISTRICT COURT
ALLEGING VIOLATIONS
PERMANENT INJUNCTIONS
FUTURE VIOLATIONS
ADMINISTRATIVE LAW JUDGE
ALLEGATIONS
SANCTIONS
                    SECURITIES AND EXCHANGE COMMISSION

Securities Exchange Act of 1934
Release No.  41258 / April 6, 1999

Investment Advisers Act of 1940
Release No.   1795 / April 6, 1999

Administrative Proceeding
File No. 3-9865

               ADMINISTRATIVE PROCEEDINGS INSTITUTED AGAINST
         MARSHALL E. MELTON AND ASSET MANAGEMENT & RESEARCH, INC.

     The  Securities  and  Exchange  Commission ("Commission") announced it
issued an Order Instituting Public Administrative  Proceedings  Pursuant to
Sections  15(b)  and  19(h)  of  the  Securities  Exchange  Act of 1934 and
Sections 203(e) and 203(f) of the Investment Advisers Act of  1940  against
Marshall  E.  Melton  ("Melton")  of  Greensboro,  North  Carolina, and his
wholly-owned  registered  investment  advisory  firm,  Asset  Management  &
Research, Inc. ("AMR").

     The  Order alleges that the Commission filed a lawsuit against  Melton
and AMR in  federal district court in February 1997, alleging violations of
the federal securities laws, including the antifraud provisions.  The Order
also alleges  that  both  Melton and AMR consented to permanent injunctions
against  future  violations  of  the  antifraud  provisions,  and  that  an
injunctive order was issued in May 1998.

     A  hearing  will  be  held  before  an  administrative  law  judge  to
determined  whether the staff’s allegations  are  true,  and  if  so,  what
sanctions, if any, are appropriate in the public interest against them.



SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • Securities Exchange Act of 1934
  • ADMINISTRATIVE PROCEEDINGS INSTITUTED AGAINST MARSHALL E. MELTON AND ASSET MANAGEMENT &
  • The Securities and Exchange Commission announced it issued an Order Instituting Public
  • Sections 203and 203of the Investment Advisers Act of 1940 against Marshall E. Melton of
  • The Order alleges that the Commission filed a lawsuit against Melton and AMR in federal
  • The Order also alleges that both Melton and AMR consented to permanent injunctions against
  • A hearing will be held before an administrative law judge to determined whether the staff’s

  • 2 . SEC ADMINISTRATIVE PROCEEDING

    EXTRACTED KEY WORDS
    GRANT
    AUDIT
    SKY
    ACCOUNTING
    RECORDING
    ASSETS
    FINANCIAL STATEMENTS
    COMMISSION
    FORM S-8
    PREDECESSOR
    REPORT
    PRACTICE
    REAUDIT
    MINERAL PROPERTY
    GAAP
    DANNER
    EXCHANGE
    PURSUANT
    MATTER
    ISSUANCE
    ACCORDANCE
    ENGAGEMENT
    WORK PAPERS
    PREDECESSOR AUDITOR
    AUDITING STANDARDS
    OPINION
    CONFORMITY
    SHARES
    SUCCESSOR
    
                           UNITED STATES OF AMERICA
                                Before the
                    SECURITIES AND EXCHANGE COMMISSION
    
    SECURITIES EXCHANGE ACT OF 1934
    Release No.  41255 / April 5, 1999
    
    ACCOUNTING AND AUDITING ENFORCEMENT
    Release No.  1123 / April 5, 1999
    
    ADMINISTRATIVE PROCEEDING
    File No. 3-9864
    
    _____________________________________
                                         :
    In the Matter of                     :    ORDER INSTITUTING PUBLIC
                                         :    ADMINISTRATIVE PROCEEDINGS
                                         :    AND OPINION AND ORDER PURSUANT
    FREDERICK R. GRANT, CPA,             :    TO RULE 102(e) OF THE
                                         :    COMMISSION'S RULES OF PRACTICE
         Respondent.                     :
    _____________________________________:
    
    
                                    I.
    
         The   Securities  and  Exchange  Commission  ("Commission")  deems  it
    appropriate  and  in the public interest to institute public administrative
    proceedings against  Frederick  R.  Grant  ("Grant"),  a  certified  public
    accountant, pursuant to Rule 102(e)(1)(ii) [1] of the Commission's Rules of
    Practice [17 C.F.R. Section 201.102(e)(1)(ii)].
    
                                   II.
    
         In  anticipation  of  the  institution of these proceedings, Grant has
    submitted  an  Offer of Settlement  ("Offer"),  which  the  Commission  has
    determined to accept.  Solely for the purposes of these proceedings and any
    other proceedings brought by or on behalf of the Commission or in which the
    Commission is a party, and without admitting or denying any of the findings
    herein, except that  Grant  admits the findings contained in paragraph III.
    B.  below and he admits the Commission's  jurisdiction  over  him  and  the
    subject matter of these proceedings, Grant has consented to the issuance of
    this  Order  Instituting  Public Administrative Proceedings and Opinion and
    Order  Pursuant  to Rule 102(e)  of  the  Commission's  Rules  of  Practice
    ("Order").
    
         Accordingly, IT IS ORDERED that proceedings pursuant to Rule 102(e) of
    the Commission's Rules of Practice be, and hereby are, instituted.
    
    
    SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • In anticipation of the institution of these proceedings, Grant has submitted an Offer of
  • Solely for the purposes of these proceedings and any other proceedings brought by or on and Order Pursuant to Rule 102of the Commission's Rules of Practice.
  • Sky's common stock has been registered with the Commission pursuant to Section 12of the
  • Sky purported to be in the businesses of mining and processing precious metals and financial
  • Grant acted as the engagement partner on the audit of Sky's fiscal 1995 financial statements
  • The audit performed by Grant for Sky's fiscal year ended February 28, 1995, failed to detect
  • Grant also failed to obtain sufficient competent evidential matter to support the recorded
  • During fiscal 1995, Sky issued 66,801,763 shares of Form S-8 and restricted common stock,
  • Due to the restricted status of the stock, some appropriate discount should have been taken
  • Sky entered into a mining lease and option to purchase agreement with Danner Mines, Inc., a
  • Sky's method of valuing the property did not accord with GAAP because the property should
  • Grant's audit work papers for three of the assets consisted of a copy of the purchase
  • Grant's audit failed to comply with Generally Accepted Auditing Standards in that he: a) ect to his audit of Sky's acquisition of the artwork.
  • However, Sky's predecessor auditor refused to consent to the further use of his fiscal 1994
  • AU § 9315, Interpretations of AU § 315, Communications Between Predecessor and Successor
  • Accordingly, Grant failed to ascertain that the financial statements as they related to these
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