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SEC v LAWRENCE M. GRESS Click to find out why . . .



Keywords & Phrases
CaseNo: 33-7343, Defendant: Lawrence M. Gress, Plaintiff: SEC, UniqueCaseRef: SEC>33-7343, Gress, Exchange Act, Failsafe, Securities Act, Revenue, Contracts, Commission, Customers, Form S-18, Proceeding, Pursuant, Accounting, Respondent, Financial Statements, Findings, Completion Method, Violations, Misleading, Completed Contract Method, Thereunder, Aicpa Sop, Gaap, Material Facts, Reported Revenue, Recognizing, Contract Phases, Materially False, Overstating, Reliably Estimate Progress, Provisions , ContentID: 120244942

Case Documents
1 1996-09-30 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 111679
14 pages
TXT
Total Documents: 1 document , 14 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
EXCHANGE ACT
FAILSAFE
SECURITIES ACT
REVENUE
CONTRACTS
COMMISSION
CUSTOMERS
FORM S-18
PROCEEDING
PURSUANT
ACCOUNTING
RESPONDENT
FINANCIAL STATEMENTS
FINDINGS
COMPLETION METHOD
VIOLATIONS
MISLEADING
COMPLETED CONTRACT METHOD
THEREUNDER
AICPA SOP
GAAP
MATERIAL FACTS
REPORTED REVENUE
RECOGNIZING
CONTRACT PHASES
MATERIALLY FALSE
OVERSTATING
RELIABLY ESTIMATE PROGRESS
PROVISIONS






==========================================START OF PAGE 1======

                    UNITED STATES OF AMERICA
                           Before the
               SECURITIES AND EXCHANGE COMMISSION


SECURITIES ACT OF 1933
Release No.  7343 / September 30, 1996

SECURITIES EXCHANGE ACT OF 1934
Release No. 37745 / September 30, 1996

ACCOUNTING AND AUDITING ENFORCEMENT
Release No.   832 / September 30, 1996

AMINISTRATIVE PROCEEDING
File No. 3-9116

--------------------
In the Matter of    :    ORDER INSTITUTING CEASE-AND-DESIST
                    :    PROCEEDING PURSUANT TO SECTION 8A
LAWRENCE M. GRESS   :    THE   SECURITES   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 Lawrence M. Gress
("Gress" or "Respondent").  Accordingly, IT IS HEREBY ORDERED
that said proceeding be, and hereby is, instituted.

                              II.

     In anticipation of the institution of this proceeding,
SNIPPETS:
  • SECURITIES EXCHANGE ACT OF 1934
  • AMINISTRATIVE PROCEEDING
  • : 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.
  • Gress has no accounting training and is not a certified public accountant but, nevertheless,
  • FALSE AND MISLEADING DISCLOSURES IN 3NET'S FORM S-18 AND FISCAL 1992 FORM 10-KSB
  • On August 4, 1992, 3Net filed its Form S-18 registration statement for its initial public
  • financial statements for the nine months ended
  • Form 10-KSB, filed with the Commission on November 23, 1992 and signed by Gress, also
  • The Form S-18, which Gress commented on, reviewed, and signed, was materially false and
  • The Form S-18 stated that one customer's FAILSAFE system was fully operational and that six
  • contracts, and $1.4 million of fiscal 1992 FAILSAFE revenue for seven FAILSAFE contracts.
  • Gress caused 3Net to report in its fiscal 1991 financial statements $2.9 million of revenue,
  • Based on these misrepresentations, 3Net's auditors advised 3Net that Generally Accepted
  • The auditors relied on American Institute of Certified Public Accountants Statement of
  • GAAP outlines two different methods of recognizing contract revenue.
  • The second method, "completed contract," is required when management cannot reliably estimate
  • The auditors based their advice on a provision of GAAP allowing different measurement methods
  • Gress should have used the completed contract method for 3Net's three FAILSAFE contracts.
  • Had Gress done so, 3Net would not have reported revenue in fiscal 1991 for either the
  • Second, GAAP allows for segmenting contract phases for certain contracts with phases that are
  • Antifraud Violations: Section 17of the
  • Exchange Act and Rule 10b-5 thereunder make it unlawful for any person in the offer and sale,
  • therefore, an issuer violates these provisions if it files a Form 10-KSB that contains
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