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SEC ADMINISTRATIVE PROCEEDING
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EXTRACTED KEY WORDS
COMMISSION SCUTILLO STOCK INSTITUTING AUDIT FINANCIAL STATEMENTS ALLEGES MINERAL PROPERTIES CDS SECURITIES ACCOUNTING AUDITING ENFORCEMENT ALLEGES PRACTICE ENGAGEMENT FORM S-8 STOCK TOTAL ASSETS ADMINISTRATIVE LAW STANDARDS PERIODIC REPORTS ISSUANCE CONSULTANTS FLORIDA RUSSIAN REPRESENTING FAILING JUDGE MATTER PARTNER |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934
Release No. 41241 / April 1, 1999
ACCOUNTING AND AUDITING ENFORCEMENT
Release No. 1122 / April 1, 1999
ADMINISTRATIVE PROCEEDING
File No. 3-9863
ADMINISTRATIVE PROCEEDINGS INSTITUTED AGAINST FORMER
AUDITORS OF SKY SCIENTIFIC, INC.
The Commission has instituted administrative
proceedings pursuant to Rule 102(e) of the Commission’s
Rules of Practice against Barry C. Scutillo ("Scutillo"),
CPA, and Mark F. Jensen ("Jensen"), CPA, charging that they
engaged in improper professional conduct by recklessly
violating professional auditing and accounting standards in
connection with the audit of the 1994 financial statements
of Sky Scientific, Inc. ("Sky").
Previously, the Commission instituted administrative
and cease-and-desist proceedings against Sky and seventeen
other individuals and entities for their roles in a
fraudulent scheme involving the filing of false and
misleading periodic reports with the Commission, and the
issuance of millions of shares of stock, most registered on
Forms S-8 and issued to consultants who then sold the stock
and returned a portion of the proceeds to Sky. Based in
Boca Raton, Florida, Sky purported to be in the business of
mining and processing precious metals and in financial
services. The Division of Enforcement alleged that Sky’s
periodic reports materially overstated its assets by
assigning a $40 million value to phony Russian certificates
of deposit ("CDs"), representing 57% of total assets;
materially understated its net loss by failing to expense
the cost of issuing the stock to consultants; and materially
overstated the value of its mineral properties at $29.5
million, representing 42% of total assets. Following trial,
an Administrative Law Judge recently ruled that Sky and the
others had violated the antifraud and registration
provisions of the federal securities laws as charged. In
the Matter of Sky Scientific, Inc. et al., Admin. Proc. File
No. 3-9201, Initial Decision Release No. 137 (March 5,
1999).
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