SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17156 / September 27, 2001
Accounting and Auditing Enforcement Release No. 1458
SEC v. Holden, Skooglund, Padda, and Beal (U.S.D.C. N.D. Illinois, Civil
Action No. 01-C-7463, filed September 27, 2001)
The Commission announced the filing on September 27, 2001 of a
complaint charging four executives of a Chicago-area company with a
multi-million dollar accounting fraud. The defendants are Stephen L.
Holden, of Deerfield, Illinois, Scott P. Skooglund, of Woodridge,
Illinois, Kuldarshan S. Padda, of Chicago, Illinois, and Stephan C.
Beal, of Norwell, Massachusetts. All four were formerly executives of
Sabratek Corporation, a Skokie, Illinois developer and seller of
remote healthcare equipment, including infusion pumps and flush
syringes and related equipment and software used in both hospital and
home healthcare situations.
The Commission's complaint alleges that the defendants engaged in a
scheme to overstate Sabratek's sales and results of operation in its
Form 10-K for the year 1998 and Forms 10-Q for the first three
quarters of 1998 and the first quarter of 1999. During those years,
Padda was Sabratek's chief executive officer and chairman of the
board; Holden was at first Sabratek's chief financial officer,
controller, and treasurer and then later its president and treasurer;
Beal was Sabratek's vice president of sales; and Skooglund was
Sabratek's vice president of finance and chief accounting officer.
According to the Commission's complaint, Sabratek's pump and flush
syringe businesses were the company's two primary sources of sales.
Prior to 1998, Sabratek capitalized on strong demand for pumps from
large institutional customers to increase its sales. In 1998, however,
Sabratek faced first slowing demand for its pumps and later an FDA
demand that the company stop selling its flush syringes. The
Commission alleges that despite these adverse developments, Padda and
Holden told analysts that Sabratek's sales would continue to grow in
1998. Based on Padda and Holden's representations, analysts projected
that Sabratek's net sales would grow by as much as $23 million in
1998.
The Commission charges that to meet these forecasts, from the first
quarter of 1998 through the first quarter of 1999, the defendants
recognized numerous large, end-of-the-quarter transactions that did
not qualify as sales under Generally Accepted Accounting Principles
("GAAP"). In some instances, the defendants allegedly created
fictitious sales of pumps that had not been ordered by customers, but
SNIPPETS:
SEC v. Holden, Skooglund, Padda, and Beal (U.S.D.C.
N.D. Illinois, Civil Action No. 01-C-7463, filed September 27, 2001)
The Commission announced the filing on September 27, 2001 of a complaint charging four
All four were formerly executives of Sabratek Corporation, a Skokie, Illinois developer and
The Commission's complaint alleges that the defendants engaged in a scheme to overstate
During those years, Padda was Sabratek's chief executive officer and chairman of the board;
In 1998, however, Sabratek faced first slowing demand for its pumps and later an FDA demand
The Commission charges that to meet these forecasts, from the first quarter of 1998 through
In some instances, the defendants allegedly created fictitious sales of pumps that had not
The Commission also alleges that through the defendants' actions, Sabratek reported total
The Commission charges that through the conduct alleged in the complaint, the defendants
Specifically, the complaint charges that Holden violated and/or aided and abetted violations
ange Act and Rules 10b-5, 12b-20, 13a-1, 13a-13, 13b2-1, and 13b2-2 thereunder; and that Beal
The Commission's complaint asks the Court to order permanent injunctions and civil penalties
the Commission issued an administrative order against Paul Jurewicz the former chief
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