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SEC LITIGATION RELEASE
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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.
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