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SEC v PETER MADSEN and MARK RAFFERTY RELEASE NOS. 34-41935 Click to find out why . . .



Keywords & Phrases
CaseNo: 34-41935, Defendant: Peter Madsen and Mark Rafferty Release Nos. 34-41935, Plaintiff: SEC, UniqueCaseRef: SEC>34-41935, Fastcomm, Exchange Act, Revenue, Rafferty, Commission, Sales, Violations, Recognition, Respondents, Transactions, Reports, Pursuant, Daitel, Securities Exchange Act, Mark Rafferty, Settlement, Basis, Officer, Accordance, Promulgated Thereunder, Quarterly Report, Gaap, Customer, Materially Inaccurate, Accounting, Administrative Proceedings, Findings, Cease, Timely Disclosing, Related-party Nature , ContentID: 120245266

Case Documents
1 1999-09-28 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 112005
5 pages
HTML
Total Documents: 1 document , 5 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
EXCHANGE ACT
REVENUE
RAFFERTY
COMMISSION
SALES
VIOLATIONS
RECOGNITION
RESPONDENTS
TRANSACTIONS
REPORTS
PURSUANT
DAITEL
SECURITIES EXCHANGE ACT
MARK RAFFERTY
SETTLEMENT
BASIS
OFFICER
ACCORDANCE
PROMULGATED THEREUNDER
QUARTERLY REPORT
GAAP
CUSTOMER
MATERIALLY INACCURATE
ACCOUNTING
ADMINISTRATIVE PROCEEDINGS
FINDINGS
CEASE
TIMELY DISCLOSING
RELATED-PARTY NATURE
UNITED STATES OF AMERICA
SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934
Release No. 41935 / September 28, 1999

   ACCOUNTING AND AUDITING ENFORCEMENT
   Release No. 1184 / September 28, 1999

   ADMINISTRATIVE PROCEEDING
   File No. 3-10046
   ___________________________________
                                       ORDER INSTITUTING
   In the Matter of                    ADMINISTRATIVE PROCEEDINGS
                                       PURSUANT TO SECTION 21C
                                       OF THE SECURITIES EXCHANGE
   PETER MADSEN and                    ACT OF 1934, MAKING FINDINGS
   MARK RAFFERTY,                      AND ORDERING RESPONDENTS TO
                                       CEASE AND DESIST
   Respondents.
   ___________________________________

   I.

   The Commission deems it appropriate that public administrative
   proceedings be, and they hereby are, instituted against Peter Madsen
   and Mark Rafferty pursuant to Section 21C of the Securities Exchange
   Act of 1934 ("Exchange Act").

   II.

   In anticipation of the institution of these proceedings, the
   Respondents have each sub-mitted Offers of Settlement which the
   Commission has determined to accept. Solely for the purposes of these
   proceedings and any other proceeding brought by or on behalf of the
   Commission or to which the Commission is a party, the Respon-dents,
   without admitting or denying the findings set forth herein, except
   that they admit to the jurisdiction of the Commission Instituting
   Administrative Proceedings Pursuant to Section 21C of the Securities
   Exchange Act of 1934, Making Findings and Ordering Respondents to
   Cease and Desist ("Order"), each consents to the entry of this Order.

   III.

   On the basis of this Order and the Offers of Settlement of Peter
   Madsen and Mark Rafferty, the Commission finds that

   A. Respondents
SNIPPETS:
  • The Commission deems it appropriate that public administrative proceedings be, and they
  • In anticipation of the institution of these proceedings, the Respondents have each sub-mitted
  • Solely for the purposes of these proceedings and any other proceeding brought by or on behalf er.
  • Mark Rafferty, 44, has been Vice President, Chief Financial Officer and Treasurer of FastComm
  • In July 1993, FastComm recognized revenue of $247,000 on a sale of product to a company owned
  • On the basis of information available to him, Madsen knew or should have known that FastComm
  • The Quarter Ending February 5, 1994 Conditional Sales to Daitel Technologies, Inc.
  • The recognition of revenue on these transactions, which was not in accordance with generally
  • On the last day of its 1994 fiscal year, FastComm recognized approximately $50,000 of revenue
  • Section 13of the Exchange Act and Rules 13a-1 and 13a-13 promulgated thereunder require
  • FastComm violated Section 13of the Exchange Act, and Rules 13a-1, 13a-13 and 12b-20
  • Madsen and Rafferty were a cause of FastComm's violations of Section 13of the Exchange Act
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