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SEC v LEONARD J. GUIDA; LES B. STRAUSS Click to find out why . . .



Keywords & Phrases
CaseNo: LR-17448, Defendant: Leonard J. Guida; Les B. Strauss, Plaintiff: SEC, State: MA Massachusetts, UniqueCaseRef: SEC>LR-17448, Picturetel, Federal Securities Laws, Commission, Guida, Pay, Alleges, Exchange Act, Sales, Record-keeping, Complaint Alleges, Violations, Internal Controls Provisions, Civil, Revenue, Transactions, Customers, Obligation, Public Company Reporting, Strauss, Dodge, Misleading, Accounting, Findings, Admitting, Denying, Entry, Antifraud, Firm Commitment, Auditors, Thereunder , ContentID: 120252289

Case Documents
1 2002-03-28 SEC LITIGATION RELEASE
[ see first page and extracted highlights below  ] ItemID: 127317
2 pages
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Total Documents: 1 document , 2 pages
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1 . SEC LITIGATION RELEASE

EXTRACTED KEY WORDS
FEDERAL SECURITIES LAWS
COMMISSION
GUIDA
PAY
ALLEGES
EXCHANGE ACT
SALES
RECORD-KEEPING
COMPLAINT ALLEGES
VIOLATIONS
INTERNAL CONTROLS PROVISIONS
CIVIL
REVENUE
TRANSACTIONS
CUSTOMERS
OBLIGATION
PUBLIC COMPANY REPORTING
STRAUSS
DODGE
MISLEADING
ACCOUNTING
FINDINGS
ADMITTING
DENYING
ENTRY
ANTIFRAUD
FIRM COMMITMENT
AUDITORS
THEREUNDER
UNITED STATES SECURITIES AND EXCHANGE COMMISSION

Litigation Release No. 17448 / March 28 , 2002

   SEC Files Actions Against PictureTel Corp. and Three Individuals in
   Multi-Million Dollar Financial Fraud

   The Securities and Exchange Commission ("Commission") announced today
   that it filed a civil injunctive action against Leonard J. Guida of
   Sudbury, Massachusetts, the former Vice President of Finance,
   Worldwide Sales and Service for PictureTel Corp.'s sales department,
   alleging that Guida orchestrated a $12 million fraud at PictureTel by
   negotiating, approving and recording revenue from sales transactions
   for which the purported customers had no obligation to pay. The
   Complaint alleges that because of Guida's conduct, PictureTel
   materially overstated its revenues from the third quarter of 1996
   through the second quarter of 1997. Guida agreed, without admitting or
   denying the Commission's allegations, to pay a civil penalty of
   $50,000, to disgorge his 1996 annual bonus of $13,500 plus prejudgment
   interest, postjudgment interest of $894.59, and to the entry of a
   permanent injunction prohibiting him from further violations of the
   antifraud, public company reporting, record-keeping and internal
   controls provisions of the federal securities laws.

   According to the Commission's Complaint, Guida entered into a series
   of transactions involving undisclosed side agreements which provided
   that the customers had no firm commitment to pay. The Commission
   further alleged that after improperly causing PictureTel to recognize
   revenue from certain of these purported sales, Guida falsely told the
   company's auditors that the transactions would be paid. The Commission
   alleges that this statement was not true because the PictureTel
   customers had no obligation to pay unless the goods were sold through
   to end users or involved other significant contingencies. According to
   the Commission's Complaint, PictureTel materially overstated its
   revenues from the third quarter of 1996 through the second quarter of
   1997 by approximately $17.8 million, of which approximately $12
   million was attributable to Guida's conduct.

   The Commission's Complaint alleges that Guida violated the antifraud
   provisions of the federal securities laws, including Sections 10(b)
   and 13(b)(5) of the Securities Exchange Act of 1934 and Rules 10b-5,
   13b2-1, and 13b2-2 thereunder. In addition, the Complaint alleges that
   Guida aided and abetted PictureTel's violations of the public company
   reporting, record-keeping and internal controls provisions of the
   federal securities laws, including Sections 13(a), 13(b)(2)(A) and
   13(b)(2)(B) of the Exchange Act and Rules 13a-1, 13a-13 and 12b-20
   thereunder.

SNIPPETS:
  • UNITED STATES SECURITIES AND EXCHANGE COMMISSION
  • SEC Files Actions Against PictureTel Corp. and Three Individuals in Multi-Million Dollar
  • The Securities and Exchange Commission announced today that it filed a civil injunctive
  • The Complaint alleges that because of Guida's conduct, PictureTel materially overstated its
  • Guida agreed, without admitting or denying the Commission's allegations, to pay a civil
  • Guida entered into a series of transactions involving undisclosed side agreements which
  • The Commission further alleged that after improperly causing PictureTel to recognize revenue
  • The Commission alleges that this statement was not true because the PictureTel customers had
  • The Commission's Complaint alleges that Guida violated the antifraud provisions of the
  • The Commission's Order found that PictureTel's filings with the Commission were materially
  • In its Order, the Commission also found that Strauss failed to devise or maintain an adequate
  • Without admitting or denying the Commission's findings, PictureTel and Strauss consented to
  • The Commission's Order found that Dodge participated in Guida's scheme by negotiating
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