![]() |
|
|
|
| | | |
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
SEC LITIGATION RELEASE
|
EXTRACTED KEY WORDS
REVENUE EXCHANGE DISTRICT THOMAS BUTLER COMPLAINT SECURITIES EXCHANGE ACT ALLEGES EXCHANGE COMMISSION FRAUD JUDGEMENT VIOLATING THEREUNDER PAY COMPANY RESTATED REVENUE OVERSTATEMENT NET LOSS ACCOUNTING FINANCIALS REPORTING CYLINK CORPORATION UNITED STATES DISTRICT NORTHERN DISTRICT CALIFORNIA CIVIL PERMANENT PROVISIONS TRANSACTIONS CUSTOMER |
SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17151 / September 26, 2001
Accounting and Auditing Enforcement Release No. 1455
SEC Settles Charges against Thomas Butler for His Invovlement in Financial
Reporting Fraud at Cylink Corporation
Securities and Exchange Commission v. John Daws, Thomas Butler and Mark
Folit, United States District Court for the Northern District of California,
Civil Action No. C 01-3362 VRW
The Securities and Exchange Commission announced that on July 23,
2001, the Honorable Ronald M. Whyte, United States District Judge for
the Northern District of California, issued a Final Judgment of
Permanent Injunction and Other Relief against Thomas Butler, the
former Vice President of Sales of Cylink Corporation. Without
admitting or denying the Commission's allegations, Butler consented to
the entry of a final judgment that permanently enjoins him from
violating the antifraud provisions (Section 10(b) of the Securities
Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder); from
circumvention of Cylink's internal controls and falsification of
records (Section 13(b)(5) of the Exchange Act and Rule 13b2-1
thereunder); and from aiding and abetting Cylink's violations of the
periodic reporting and books and records provisions (Sections 13(a)
and 13(b)(2)(A) of the Exchange Act and Rules 12b-20, 13a-1 and 13a-13
thereunder) In addition, the final judgment orders him to disgorge
ill-gotten gains of $50,000 to pay prejudgment interest and to pay a
civil penalty of $100,000.
The Commission's complaint, filed on September 27, 2000, alleged that
in order to meet Cylink's ambitious revenue goals, Butler, in
conjunction with other former Cylink officers, led the Company to
recognize revenue on numerous transactions that violated Cylink's own
revenue recognition policy, generally accepted accounting principles
or both for the first two quarters of fiscal 1998. For example, the
complaint alleges that in the second quarter of fiscal 1998, Cylink
recognized over $900,000 in revenue on a transaction that was not
final because the customer still had up to 90 days to cancel the
order. In another instance alleged in the complaint, Cylink recognized
revenue on orders from a distributor even though the defendants had
reason to believe the distributor could not pay for the product. The
complaint also alleges that Cylink recognized revenue on software
product orders that were contingent on the customers' rights to
exchange the software for Cylink hardware products. Cylink overstated
its quarterly revenue by as much as 97.5% during the period of the
fraud, according to the Complaint.
SNIPPETS:
|
| | | |