Securities and Exchange Commission
Washington, D.C.
Litigation Release No. 17394 / March 5, 2002
Accounting and Auditing Enforcement Release No. 1512
SEC v. Kenneth W. Haver, U.S. District Court for the Northern District
of Ohio, Akron Division, Docket No. 5 02CV414
In the Matter of Telxon Corp., Gary L. Grand and James G. Cleveland,
Administrative Proceeding File No. 3-10715
SEC SUES FORMER TELXON CFO KEN HAVER FOR ACCOUNTING FRAUD; TELXON AND
TWO FORMER OFFICERS CONSENT TO CEASE-AND-DESIST ORDER
The Securities and Exchange Commission announced that it has sued
Kenneth W. Haver, the former Chief Financial Officer of Telxon Corp.,
for fraud in connection with the company's financial statements and
earnings press release for the quarter ended September 30, 1998. The
action alleges that Haver, age 43, of Akron, Ohio, intentionally or
recklessly caused Telxon to improperly recognize revenue of $23.1
million from three significant transactions. Haver's improper conduct
inflated Telxon's quarterly revenues by 23% and quarterly profits by
270%, from a loss of $7.3 million to a falsely stated profit of $4.1
million. The suit also alleges that Haver aided and abetted reporting,
books and records, and record keeping violations by Telxon related to
the September 1998 quarter and related to additional violations by
Telxon from its two previous fiscal years, involving a further $16.6
million of profits that were restated. Telxon is headquartered in
Akron, Ohio and, prior to being acquired by another company in
December 2000, was a leading manufacturer of hand held computers and
related systems.
The Commission's complaint, filed in the U.S. District Court for the
Northern District of Ohio, alleges that Haver's fraudulent actions
took place shortly after Telxon had rejected merger offers from a
competitor. One of the September 1998 transactions involved a $2
million sale of software that was not yet written. A second
transaction involved a $7 million lease-purchase by a near-bankrupt
customer and Haver's agreement, on Telxon's behalf, to guarantee the
customer's lease payments. The third transaction involved a $14.1
million "sale" to a financing company and Haver's agreement, on
Telxon's behalf, to accept unlimited return of the product. The $16.6
million in profits restated for Telxon's fiscal years prior to
September 1998 concerned Haver's failure, as Chief Financial Officer,
properly to account for several customers that had delayed or disputed
various payments due Telxon.
SNIPPETS:
SEC v. Kenneth W. Haver, U.S. District Court for the Northern District of Ohio, Akron
In the Matter of Telxon Corp., Gary L. Grand and James G. Cleveland, Administrative
SEC SUES FORMER TELXON CFO KEN HAVER FOR ACCOUNTING FRAUD; TELXON AND TWO FORMER OFFICERS
The Securities and Exchange Commission announced that it has sued Kenneth W. Haver, the
The action alleges that Haver, age 43, of Akron, Ohio, intentionally or recklessly caused
Haver's improper conduct inflated Telxon's quarterly revenues by 23% and quarterly profits by
The suit also alleges that Haver aided and abetted reporting, books and records, and record
Telxon is headquartered in Akron, Ohio and, prior to being acquired by another company in
A second transaction involved a $7 million lease-purchase by a near-bankrupt customer and
The third transaction involved a $14.1 million "sale" to a financing company and Haver's
The $16.6 million in profits restated for Telxon's fiscal years prior to September 1998
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