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SEC v PAUL THOMAS FINK, C.P.A. RELEASE NOS. 33-7782, et al Click to find out why . . .



Keywords & Phrases
CaseNo: 34-42199, Defendant: Paul Thomas Fink, C.P.A. Release Nos. 33-7782, 34-42199, Plaintiff: SEC, State: MN Minnesota, UniqueCaseRef: SEC>34-42199, Fink, Revenue, Commission, Photran, Practice, Act, Reports, Accounting, Financial Statements, Transactions, Securities, Exchange Act, Recognition, Premature Revenue, Sales, Books, Review, Glass, Registration Statement, Fraudulent Transactions, Overstate, Periodic Reports, Materiality, Respondent, Earnings, Knowing, Representation, Auditors, Backdate, Preparer , ContentID: 120245594

Case Documents
1 1999-12-03 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 112333
7 pages
HTML
Total Documents: 1 document , 7 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
REVENUE
COMMISSION
PHOTRAN
PRACTICE
ACT
REPORTS
ACCOUNTING
FINANCIAL STATEMENTS
TRANSACTIONS
SECURITIES
EXCHANGE ACT
RECOGNITION
PREMATURE REVENUE
SALES
BOOKS
REVIEW
GLASS
REGISTRATION STATEMENT
FRAUDULENT TRANSACTIONS
OVERSTATE
PERIODIC REPORTS
MATERIALITY
RESPONDENT
EARNINGS
KNOWING
REPRESENTATION
AUDITORS
BACKDATE
PREPARER
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION

   Securities Act of 1933
   Release No. 7782 / December 3, 1999

   Securities Exchange Act of 1934
   Release No. 42199 / December 3, 1999

   Accounting and Auditing Enforcement
   Release No. 1211 / December 3, 1999

   Administrative Proceeding
   File No. 3-10045
   ____________________________________
   In the Matter of                     OPINION AND ORDER
                                        PURSUANT TO RULE 102(e) OF
   Paul Thomas Fink, C.P.A.,            THE COMMISSION'S RULES
                                        OF PRACTICE AND ORDER
   Respondent.                          MAKING FINDINGS,
                                        IMPOSING SANCTIONS AND
                                        ISSUING CEASE-AND-DESIST
                                        ORDER
   ____________________________________

                                     I.

   In connection with a public administrative proceeding instituted
   against him on September 28, 1999, pursuant to Section 8A of the
   Securities Act of 1933 ("Securities Act"), Section 21C of the
   Securities Exchange Act of 1934 ("Exchange Act"), and Rule 102(e) of
   the Commission's Rules of Practice^, Paul Thomas Fink ("Respondent" or
   "Fink") has submitted an Offer of Settlement ("Offer") to the
   Securities and Exchange Commission ("Commission"), which the
   Commission has determined to accept. Solely for the purpose of this
   proceeding and any other proceeding brought by or on behalf of the
   Commission or in which the Commission is a party, and without
   admitting or denying the findings contained herein, except as to
   jurisdiction, which he admits, Fink consents to the entry of the
   findings and remedial sanctions set forth below.

                                    II.

   On the basis of this Order and the Offer submitted by Fink, the
   Commission makes the following findings.

   1. Photran Corp. ("Photran") is a Minnesota corporation that
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • Securities Exchange Act of 1934
  • Securities Exchange Act of 1934, and Rule 102of the Commission's Rules of Practice^, Paul
  • Photran Corp. is a Minnesota corporation that developed, manufactured and marketed
  • Photran and two of its top officers engaged in a fraudulent scheme that overstated revenue
  • The fictitious and premature revenue kept Photran from recording losses on its books and
  • Photran's registration statement and its second and third quarter periodic reports filed with
  • Fink, Photran's chief financial officer, signed the registration statement and periodic
  • He repeatedly ignored obvious red flags and recurring conduct that demonstrated the lack of
  • He did not take any affirmative steps to determine the validity of fraudulent transactions or
  • He misled Photran's independent auditors when he signed the second quarter management
  • As CFO, Fink was responsible for all of Photran's accounting functions and procedures,
  • In the first quarter of 1996, just prior to Photran's public offering, Fink caused Photran to
  • Fink directed a Photran employee and an outside freight forwarder to backdate documents and
  • Although these fraudulent sales accounted for over 26 percent of first quarter revenues, Fink
  • Although Fink was suspicious of the transaction because of its large size and its materiality
  • Based on his concerns about the transaction, Fink refused to sign the management
  • The revenue from the Quing Dao transaction allowed Photran to overstate its third quarter
  • Fink knew or was reckless in not knowing that Photran's practice of allowing revenue from
  • Based on the foregoing, the Commission finds that Respondent willfully violated Section 17of
  • a preparer or reviewer, or a person responsible for the preparation or review, of any public
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