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SEC v WILLIAM GRABSKE, ROBERT POCSIK and RALPH WIDMAIER Click to find out why . . .



Keywords & Phrases
CaseNo: LR-17116, CourtCode: DIS, CourtName: AND RALPH WIDMAIER, UNITED STATES DISTRICT COURT FOR THE NORTHERN, Defendant: William Grabske, Robert Pocsik and Ralph Widmaier, Plaintiff: SEC, State: CA California, UniqueCaseRef: SEC>LR-17116, Indus, Securities, Exchange Act, Pocsik, Grabske, Albano, Commission, Widmaier, District Court, Fraud, Complaint, Accounting, Officer, California, Periodic Reporting, Instituting, Age, Charges Grabske, Controls, Records Provisions, Violations, Civil, Federal Securities Laws, Caused Indus, Scheme, Sales, Filing, Directs, Cancellation, Thereunder , ContentID: 120246627

Case Documents
1 2001-09-05 SEC LITIGATION RELEASE
[ see first page and extracted highlights below  ] ItemID: 116093
2 pages
TXT
Total Documents: 1 document , 2 pages
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1 . SEC LITIGATION RELEASE

EXTRACTED KEY WORDS
SECURITIES
EXCHANGE ACT
POCSIK
GRABSKE
ALBANO
COMMISSION
WIDMAIER
DISTRICT COURT
FRAUD
COMPLAINT
ACCOUNTING
OFFICER
CALIFORNIA
PERIODIC REPORTING
INSTITUTING
AGE
CHARGES GRABSKE
CONTROLS
RECORDS PROVISIONS
VIOLATIONS
CIVIL
FEDERAL SECURITIES LAWS
CAUSED INDUS
SCHEME
SALES
FILING
DIRECTS
CANCELLATION
THEREUNDER
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
  •    |