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SEC v RICKY D. BARKLEY RELEASE NOS. 34-41923 Click to find out why . . .



Keywords & Phrases
CaseNo: 34-41923, Defendant: Ricky D. Barkley Release Nos. 34-41923, Plaintiff: SEC, UniqueCaseRef: SEC>34-41923, Barkley, Computone, Exchange Act, Conformity, Financial Statements, Gaap, Transactions, Accounting, Sales, Reports, Commission, Customer, Income, Goods, Caused Computone, Violations, Knowing, Preparation, Cost, Thereunder, Management Representation Letter, Reckless, Securities, Revenue, Pursuant, Officer, Auditors, Goods Sold, Findings, Books , ContentID: 120245278

Case Documents
1 1999-09-28 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 112017
6 pages
HTML
Total Documents: 1 document , 6 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
COMPUTONE
EXCHANGE ACT
CONFORMITY
FINANCIAL STATEMENTS
GAAP
TRANSACTIONS
ACCOUNTING
SALES
REPORTS
COMMISSION
CUSTOMER
INCOME
GOODS
CAUSED COMPUTONE
VIOLATIONS
KNOWING
PREPARATION
COST
THEREUNDER
MANAGEMENT REPRESENTATION LETTER
RECKLESS
SECURITIES
REVENUE
PURSUANT
OFFICER
AUDITORS
GOODS SOLD
FINDINGS
BOOKS
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934
Release No. 41923 / September 28, 1999

   ACCOUNTING AND AUDITING ENFORCEMENT
   Release No. 1160 / September 28, 1999

   ADMINISTRATIVE PROCEEDING File No. 10034

   ___________________________________
                                       ORDER INSTITUTING PUBLIC
                                       PROCEEDINGS PURSUANT
   In the Matter of                    TO SECTION 21C OF THE
                                       SECURITIES EXCHANGE
   RICKY D. BARKLEY                    ACT OF 1934, MAKING
                                       FINDINGS AND IMPOSING
   Respondent.                         CEASE-AND-DESIST
                                       ORDER
   ___________________________________

   I.

   The Securities and Exchange Commission ("Commission") deems it
   appropriate that public administrative proceedings pursuant to Section
   21C of the Securities Exchange Act of 1934 ("Exchange Act") be, and
   they hereby are, instituted against Ricky D. Barkley ("Barkley").
   Accordingly, IT IS HEREBY ORDERED that said proceedings be, and hereby
   are, instituted.

   II.

   In anticipation of the institution of these administrative
   proceedings, respondent Barkley has submitted an Offer of Settlement
   ("Offer"), which the Commission has determined to accept. Solely for
   the purpose of these proceedings and any other proceedings brought by
   or on behalf of the Commission or in which the Commission is a party,
   and prior to a hearing pursuant to the Commission's Rules of Practice,
   17 C.F.R. § 201.100 et seq., and without admitting or denying the
   findings herein, except that he admits the jurisdiction of the
   Commission over him and over the subject matter of these proceedings,
   Barkley consents to the issuance by the Commission of this Order
   Instituting Public Proceedings Pursuant to Section 21C of the
   Securities Exchange Act of 1934, Making Findings and Imposing
   Cease-and-Desist Order ('Order").

SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • The Securities and Exchange Commission deems it appropriate that public administrative
  • In anticipation of the institution of these administrative proceedings, respondent Barkley
  • Solely for the purpose of these proceedings and any other proceedings brought by or on behalf
  • findings herein, except that he admits the jurisdiction of the Commission over him and over
  • Barkley, of Cumming, Georgia, was Computone Corporation's accounting manager from June 1993
  • Barkley shared responsibility with Computone's chief financial officer to ensure that
  • Barkley allowed Computone, during its fiscal year 1994 second quarter, to record three sales
  • Recording these transactions as sales was not in conformity with GAAP because the customer
  • In part as the result of Barkley's conduct, Computone recognized these transactions as sales
  • In part, this caused Computone to report $465,000 of income from continuing operations during
  • Barkley assisted in the preparation of Computone's report on Form 10-Q for its FY 1994 second
  • On or about December 21, 1993, Barkley signed a management representation letter which was
  • Barkley knew or was reckless in not knowing that Computone's FY 1994 second quarter financial
  • During Computone's FY 1994 third quarter, Barkley included as revenue a December 1993
  • During Computone's FY 1994 fourth quarter, Barkley knew or should have known that Computone
  • Some of these goods were, at Computone's instruction, held by a freight forwarder because the
  • During Computone's FY 1995 first quarter, Barkley became aware that Computone had installed a
  • VIOLATIONS OF THE FEDERAL SECURITIES LAWS
  • Section 13of the Exchange Act and Rule 13a-13 thereunder require certain issuers to file with
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