Securities Exchange Act of 1934
Release No. 41931 / September 28, 1999
Accounting and Auditing Enforcement
Release No. 1180 / September 28, 1999
Administrative Proceeding
File No. 3-10042
CEASE AND DESIST PROCEEDINGS INSTITUTED AGAINST DANNY R. AUERBACH,
MICHAEL L. GLASER AND JAMES D. MONTGOMERY, II,
The Commission announced that on September 28, 1999, it instituted
administrative cease-and-desist proceedings against Danny R. Auerbach,
of Lawrenceville, GA, Michael L. Glaser, of Tempe, AZ, and James
Montgomery, II, of Auburn, GA. Montgomery was a director of sales for
Computone Corporation of Alpharetta, GA. Auerbach was Computone's
national sales manager and is currently its director of North American
sales. Glaser is the president of a customer of Computone.
In the Order, the Division of Enforcement alleges that these
individuals took steps that caused Computone to violate the federal
securities laws prohibiting fraud, the filing of false reports with
the Commission, the failure to keep accurate books and records, and
the failure to maintain an adequate system of internal accounting
controls. Montgomery and Auerbach are also alleged to have knowingly
falsified Computone's books, records and accounts.
The Division of Enforcement alleges that Montgomery altered a
customer's purchase order so that Computone could recognize the sale
and lied to Computone's outside auditors about the altered purchase
order. As a result, the Order alleges that Montgomery violated Section
13(b)(5) of the Securities Exchange Act of 1934 ("Exchange Act") and
Rule 13b2-1 thereunder, and that he caused Computone to violate
Sections 10(b), 13(a), 13(b)(2)(A) and 13(b)(2)(B) of the Exchange Act
and Rules 10b-5, 13a-13 and 13b2-1 thereunder. Auerbach is alleged to
have created a fictitious sales order while knowing that no such order
was placed. The Order alleges that Auerbach violated Section 13(b)(5)
of the Exchange Act and Rule 13b2-1 thereunder, and that he caused
Computone to violate Sections 10(b), 13(a), 13(b)(2)(A) and
13(b)(2)(B) of the Exchange Act and Rules 10b-5, 13a-13 and 13b2-1
thereunder. Finally, the Order alleges that Glaser agreed to falsely
represent to Computone's auditors that his employer had entered into a
contract to purchase computer equipment from Computone and that it
owed Computone the purchase price when in fact his employer would pay
for the products only if it sold them. As a result, the Order alleges
Glaser caused Computone to violate Sections 10(b) and 13(a) of the
Exchange Act and Rules 10b-5 and 13a-1 thereunder
SNIPPETS:
The Commission announced that on September 28, 1999, it instituted administrative
Montgomery was a director of sales for Computone Corporation of Alpharetta,
Auerbach was Computone's national sales manager and is currently its director of North
In the Order, the Division of Enforcement alleges that these individuals took steps that
The Division of Enforcement alleges that Montgomery altered a customer's purchase order so
As a result, the Order alleges that Montgomery violated Section 13of the Securities Exchange
Auerbach is alleged to have created a fictitious sales order while knowing that no such order
the Order alleges that Glaser agreed to falsely represent to Computone's auditors that his
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