SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17116 / September 5, 2001
Accounting and Auditing Enforcement Release No. 1439 / September 5,
2001
SECURITIES AND EXCHANGE COMMISSION v. WILLIAM GRABSKE, ROBERT POCSIK
AND RALPH WIDMAIER, United States District Court for the Northern
District of California, Civil Action No. C 01-3355
The Securities and Exchange Commission today filed suit in federal
district court against the former Chief Executive Officer ("CEO") and
two other former officers of Indus International, Inc. ("Indus" or the
"Company"), for their roles in a 1999 financial reporting fraud that
caused the Company to overstate its quarterly operating income by more
than 300%. In a separate action, the Commission instituted
administrative cease-and-desist proceedings against Indus and a fourth
former employee for their roles in the scheme. Indus, a manufacturer
of enterprise asset management software, was headquartered in San
Francisco, California at the time of the fraud; the Company is now
based in Atlanta, Georgia.
Named in district court action were former President and CEO William
Grabske, age 58, of Tiburon, California; former Chief Administrative
Officer Robert Pocsik, age 49, of Sag Harbor, New York; and former
Vice President of Manufacturing Industry Sales Ralph Widmaier, age 38,
of Actworth, Georgia. Named in the administrative filing, in addition
to Indus, was Carl Albano, age 52, former General Manager of Contract
Operations.
According to the Commission's filings, beginning in September 1999, as
Indus approached the end of its third fiscal quarter, Grabske and
Pocsik directed a scheme to fraudulently boost the Company's financial
results to meet analysts' expectations. As part of this scheme, Pocsik
instructed Widmaier and Albano to obtain orders from two Indus
customers, even though the orders were subject to cancellation. The
customer cancellation rights were documented in so-called side
letters, which were then hidden from Indus' accounting staff. As a
result, Indus improperly recognized revenue on these orders in the
quarter ended September 30, 1999. The fraud caused Indus to overstate
its revenue for the quarter by $3.7 million (8.1%) and its income from
continuing operations by $2.4 million (300.8%). Each of the orders was
later cancelled.
The Commission's district court complaint charges Grabske, Pocsik and
Widmaier with securities fraud (Section 10(b) of the Securities
Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder);
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION v. WILLIAM GRABSKE, ROBERT POCSIK AND RALPH WIDMAIER,
Civil Action No. C 01-3355
The Securities and Exchange Commission today filed suit in federal district court against the
the Commission instituted administrative cease-and-desist proceedings against Indus and a
Indus, a manufacturer of enterprise asset management software, was headquartered in San
Named in district court action were former President and CEO William Grabske, age 58, of
Named in the administrative filing, in addition to Indus, was Carl Albano, age 52, former
As part of this scheme, Pocsik instructed Widmaier and Albano to obtain orders from two Indus
The customer cancellation rights were documented in so-called side letters, which were then
The fraud caused Indus to overstate its revenue for the quarter by $3.7 million and its
The Commission's district court complaint charges Grabske, Pocsik and Widmaier with
the complaint seeks an order barring Grabske and Pocsik from serving as an officer or
The Commission's Order Instituting Proceedings against Indus finds that Indus materially
of the periodic reporting, internal controls and books and records provisions of the federal
from causing violations of the periodic reporting and books and records provisions of the
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