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SEC v FREDERICK W. SMITH Click to find out why . . .



Keywords & Phrases
CaseNo: 34-37738, Defendant: Frederick W. Smith, Plaintiff: SEC, UniqueCaseRef: SEC>34-37738, Franchise, Commission, Smith, Mobile, Practice, Financial Statements, Franchise Rights, Audit, Accountant, Opinion, Evidential Matter, Proceeding, Report, Assets, Auditing, Pursuant, Respondent, Accordance, Competent Evidence, Obtaining, Reasonable Basis, Management, Sufficient Competent Evidence, Representations, Standards, Gaas, Professional Care, Auditor, Support , ContentID: 120244952

Case Documents
1 1996-09-27 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 111689
9 pages
TXT
Total Documents: 1 document , 9 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
COMMISSION
SMITH
MOBILE
PRACTICE
FINANCIAL STATEMENTS
FRANCHISE RIGHTS
AUDIT
ACCOUNTANT
OPINION
EVIDENTIAL MATTER
PROCEEDING
REPORT
ASSETS
AUDITING
PURSUANT
RESPONDENT
ACCORDANCE
COMPETENT EVIDENCE
OBTAINING
REASONABLE BASIS
MANAGEMENT
SUFFICIENT COMPETENT EVIDENCE
BUSINESS
REPRESENTATIONS
STANDARDS
GAAS
PROFESSIONAL CARE
AUDITOR
SUPPORT
==========================================START OF PAGE 1======

                     UNITED STATES OF AMERICA
                            Before the
                SECURITIES AND EXCHANGE COMMISSION

Securities Exchange Act of 1934
Release No. 37738 / September 27, 1996

Accounting and Auditing Enforcement
Release No.  828 / September 27, 1996

Administrative Proceeding
File No. 3-9108


-------------------------------
                              :
In the Matter of              :    ORDER INSTITUTING PUBLIC
                              :    ADMINISTRATIVE PROCEEDINGS
FREDERICK W. SMITH, C.P.A.,   :    AND OPINION AND ORDER PURSUANT
                              :    TO RULE 102(e) OF THE
                 Respondent   :    COMMISSION'S RULES OF PRACTICE
                              :
                              :
-------------------------------
                                I.

     The Commission deems it appropriate and in the public
interest to institute administrative proceedings against
Frederick W. Smith, C.P.A. ("Smith"), pursuant to Rule 102(e)(1)
of the Commission's Rules of Practice. 1/  Accordingly, IT IS
HEREBY ORDERED that said proceedings be, and hereby are,
instituted.

     Simultaneously with the institution of these proceedings,
Smith has submitted an Offer of Settlement ("Offer") solely for
the purpose of this public administrative proceeding and any
other proceeding brought by or on behalf of the Commission or in
which the Commission is a party, prior to a hearing pursuant to
the Commission's Rules of Practice, 17 C.F.R.  201.100 et seq.


1/   Rule   102(e)(1),  17   C.F.R.     201.102(e)(1),  of   the
     Commission's Rules of Practice provides in relevant part:

          The  Commission may  deny, temporarily  or permanently,
          the privilege  of appearing or practicing  before it in
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • Accounting and Auditing Enforcement
  • Respondent: COMMISSION'S RULES OF PRACTICE
  • The Commission deems it appropriate and in the public interest to institute administrative
  • Simultaneously with the institution of these proceedings, Smith has submitted an Offer of
  • In his Offer, which the Commission has determined to accept, Smith consents, without
  • He is a sole practitioner and has been licensed in Florida as a certified public accountant
  • Smith rendered an unqualified audit opinion with respect to the financial statements of
  • Mobile was in the business of providing mobile telecommunications services as an alternative
  • In April 1993, Mobile acquired certain assets, namely franchise and directorship rights,
  • On or about April 26, 1994, Mobile filed with the Commission a Form 10-KSB for the fiscal
  • At the time of the filing of this periodic report, however, the franchise rights were
  • the financial statements contained in Mobile's filings with the Commission were not presented
  • One of the GAAS standards of field work provides that "ufficient competent evidential matter
  • Most of an auditor's work in forming an opinion on financial statements consists of obtaining
  • One of the principal assertions of management that the auditor should evaluate is whether the
  • Smith was required to obtain corroborating evidential matter to support Mobile's valuation of
  • Failure to Exercise Due Professional Care
  •    |