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SEC v 3NET SYSTEMS, INC Click to find out why . . .



Keywords & Phrases
CaseNo: 33-7344, Defendant: 3Net Systems, Inc., Plaintiff: SEC, UniqueCaseRef: SEC>33-7344, Exchange Act, Failsafe, Securities Act, Revenue, Commission, Contracts, Form S-18, Proceeding, Customers, Pursuant, Respondent, Accounting, Findings, Completion Method, Hardware, Misleading, Aicpa Sop, Completed Contract Method, Violations, Gaap, Thereunder, Contract Phases, Material Facts, Financial Statements, Desist Order, Overstating, Recognizing Revenue, Reliably Estimate, Reliably Estimate Progress, Separately Negotiate , ContentID: 120244939

Case Documents
1 1996-09-30 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 111676
11 pages
TXT
Total Documents: 1 document , 11 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
FAILSAFE
SECURITIES ACT
REVENUE
COMMISSION
CONTRACTS
FORM S-18
PROCEEDING
CUSTOMERS
PURSUANT
RESPONDENT
ACCOUNTING
FINDINGS
COMPLETION METHOD
HARDWARE
MISLEADING
AICPA SOP
COMPLETED CONTRACT METHOD
VIOLATIONS
GAAP
THEREUNDER
CONTRACT PHASES
MATERIAL FACTS
FINANCIAL STATEMENTS
DESIST ORDER
OVERSTATING
RECOGNIZING REVENUE
RELIABLY ESTIMATE
RELIABLY ESTIMATE PROGRESS
SEPARATELY NEGOTIATE





                         UNITED STATES OF AMERICA
                               Before the
                    SECURITIES AND EXCHANGE COMMISSION


SECURITIES ACT OF 1933
Release No.   7344 / September 30, 1996

SECURITIES EXCHANGE ACT OF 1934
Release No.  37746 / September 30, 1996

ACCOUNTING AND AUDITING ENFORCEMENT
Release No.   833 / September 30, 1996

ADMINISTRATIVE PROCEEDING
File No. 3-9117


------------------------
 In the Matter of      :      ORDER INSTITUTING CEASE-AND-DESIST
                       :      PROCEEDING PURSUANT TO SECTION 8A
 3NET SYSTEMS, INC.    :      OF THE SECURITIES ACT OF 1933
                       :      AND SECTION 21C OF THE SECURITIES
     Respondent.       :      EXCHANGE ACT OF 1934, MAKING
                       :      FINDINGS AND IMPOSING A CEASE-AND-
                       :      DESIST ORDER
------------------------

                              I.

     The Securities and Exchange Commission ("Commission") deems
it appropriate and in the public interest to institute a cease-
and-desist proceeding pursuant to Section 8A of the Securities
Act of 1933 ("Securities Act") and Section 21C of the Securities
Exchange Act of 1934 ("Exchange Act") against 3Net Systems, Inc.
("3Net" or "Respondent").  Accordingly, IT IS HEREBY ORDERED that
said proceeding be, and hereby is, instituted.

                              II.

     In anticipation of the institution of this proceeding,
Respondent has submitted an Offer of Settlement ("Offer") to the
Commission which the Commission has determined to accept.  Solely
SNIPPETS:
  • SECURITIES EXCHANGE ACT OF 1934
  • ADMINISTRATIVE PROCEEDING
  • : PROCEEDING PURSUANT TO SECTION 8A 3NET SYSTEMS, INC.: OF THE SECURITIES ACT OF 1933
  • : FINDINGS AND IMPOSING A CEASE-AND-: DESIST ORDER
  • The Securities and Exchange Commission deems it appropriate and in the public interest to
  • In anticipation of the institution of this proceeding, Respondent has submitted an Offer of
  • 3Net was formed in August 1989 to develop new computer laboratory software known as FAILSAFE.
  • On August 4, 1992, 3Net filed its Form S-18 registration statement for its initial public
  • The Form S-18 registration statement was materially false and misleading, making false lly inflated fiscal 1991 and 1992 FAILSAFE revenue.
  • financial statements for the nine months ended
  • The Form S-18 was materially false and misleading, including, but not limited to, making
  • 3Net, in its Form S-18, stated that one customer's FAILSAFE system was fully operational and
  • 3Net, in its Form S-18, improperly reported $1.043 million of fiscal 1991 FAILSAFE revenue
  • the same three contracts.-- The FAILSAFE contracts called for purchase and sale of both
  • For fiscal 1991, 3Net reported $2.9 million of revenue, improperly including $1.043 million
  • Based on these misrepresentations, 3Net's auditors advised 3Net that Generally Accepted
  • The auditors relied on American Institute of Certified Public Accountants Statement of
  • management must be able to reliably estimate the total costs required to complete the
  • The second method, "completed contract," is required when management cannot reliably estimate
  • The completed contract method requires the company to postpone recognizing revenue until the
  • The auditors based their advice on a provision of GAAP allowing different measurement methods
  • Second, GAAP allows for segmenting contract phases for certain contracts with phases that are
  • The customers and 3Net did not separately negotiate the hardware and software contract
  • Antifraud Violations: Section 17of the
  • Section 17of the Securities Act and Section 10of the Exchange Act and Rule 10b-5 thereunder interstate commerce or the mails.
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