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SEC v RUSSELL PONCE Click to find out why . . .



Keywords & Phrases
CaseNo: 34-43235, Defendant: Russell Ponce, Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>34-43235, Ponce, Exchange Act, Assets, Commission, Violations, Auditor, Aac, Securities Exchange Act, Proceeding, Accounting, Professions, Standards, Financial Statements, License, Opinion, Auditing Standards, Russell Ponce, Prototype Costs, Tooling Costs, Penetrator, Federal Securities, Provisions, Accepted Auditing Standards, Gaap, United States, Auditing Enforcement, Annual Report, Aac Owed Ponce, Fas , ContentID: 120247162

Case Documents
1 2000-08-31 SEC COMMISSION OPINION
[ see first page and extracted highlights below  ] ItemID: 117312
24 pages
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Total Documents: 1 document , 24 pages
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1 . SEC COMMISSION OPINION

EXTRACTED KEY WORDS
EXCHANGE ACT
ASSETS
COMMISSION
VIOLATIONS
AUDITOR
AAC
SECURITIES EXCHANGE ACT
PROCEEDING
LAW
ACCOUNTING
PROFESSIONS
STANDARDS
FINANCIAL STATEMENTS
LICENSE
OPINION
AUDITING STANDARDS
RUSSELL PONCE
PROTOTYPE COSTS
TOOLING COSTS
PENETRATOR
FEDERAL SECURITIES
PROVISIONS
ACCEPTED AUDITING STANDARDS
GAAP
UNITED STATES
AUDITING ENFORCEMENT
ANNUAL REPORT
AAC OWED PONCE
FAS
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.

SECURITIES EXCHANGE ACT OF 1934
Rel. No. 43235 / August 31, 2000

   ACCOUNTING AND AUDITING ENFORCEMENT
   Rel. No. 1297 / August 31, 2000

   Admin. Proc. File No. 3-8944
_________________________________________


            In the Matter of

             RUSSELL PONCE


_________________________________________

OPINION OF THE COMMISSION

   CEASE-AND-DESIST PROCEEDING

   Grounds for Remedial Action

   Violations of Antifraud, Reporting, and Recordkeeping Provisions

   RULE 102(e) PROCEEDING

   Grounds for Remedial Action

   Improper Professional Conduct

   Violations and Aiding and Abetting of Violations of Federal Securities
   Laws

   Auditor assisted company that materially overstated its assets and
   understated its losses. Auditor thereby violated, and caused
   violations of, antifraud provisions and caused and aided and abetted
   reporting and recordkeeping violations. Auditor also failed to comply
   with Generally Accepted Auditing Standards. Held, it is in the public
   interest to bar auditor from practice before the Commission with a
   right to reapply after five years and to order that auditor cease and
   desist from violating or causing any violations or future violations
   of Sections 10(b), 13(a), and 13(b)(2) of the Securities Exchange Act
   of 1934 and Rules 10b-5, 12b-20, 13a-1, and 13a-13 thereunder.

SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • ACCOUNTING AND AUDITING ENFORCEMENT
  • CEASE-AND-DESIST PROCEEDING
  • Violations and Aiding and Abetting of Violations of Federal Securities Laws
  • Auditor thereby violated, and caused violations of, antifraud provisions and caused and aided
  • Auditor also failed to comply with Generally Accepted Auditing Standards.
  • Held, it is in the public interest to bar auditor from practice before the Commission with a
  • Kenneth M. Christison, for Russell Ponce.
  • The Division of Enforcement and the Office of the Chief Accountant appeal from the decision
  • The Division further alleges that Ponce willfully violated or willfully aided and abetted
  • AAC was a public company that registered its common stock pursuant to Exchange Act Section 12.
  • Under Exchange Act Section 13, AAC was required to file annual reports on Form 10-K including
  • He audited AAC's annual financial statements for fiscal years 1988 through 1991 and issued
  • In 1993, in response to a request by the Commission's Division of Corporation Finance, AAC
  • This proceeding examines the propriety of Ponce's opinions with respect to management's
  • The License.
  • The Phalanx Hind was superseded by another aircraft --the Penetrator -- which was designed
  • Tooling and Prototype Costs.
  • Batista testified that he had treated tooling costs for the Phalanx Dragon aircraft as
  • Batista considered tooling costs to be research and development, which, under Research and
  • He had hoped to market the Phalanx Hind to the United States Army for use in training, but,
  • Moody admitted that he had no familiarity with the GAAP definition of research and
  • As of February 1989, AAC owed Ponce $17,769 for prior services rendered.
  • Poncewas fully aware of the transaction with Phalanx, but its unmistakable implications did
  • California Business and Professions Code § 5070.6-5070.7.
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