SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
LITIGATION RELEASE NO. 17561 / June 12, 2002
ACCOUNTING AND AUDITING ENFORCEMENT RELEASE NO. 1576 / June 12, 2002
SECURITIES AND EXCHANGE COMMISSION v. PATRICK O. WHEELER, STEVEN S.
GALLERS, and ROBERT L. CARBERRY, Case No. 02-60131-CIV-GRAHAM (S.D.
Fla.)
CYBERGUARD CORPORATION'S FORMER CONTROLLER SETTLES
SEC FRAUD CHARGES AND AGREES TO PAY $50,000 PENALTY
On June 6, 2002, the United States District Court for the Southern
District of Florida entered a final judgment against Steven S.
Gallers, the former controller and assistant treasurer of CyberGuard
Corporation, in an accounting fraud case filed by the Securities and
Exchange Commission in January 2002. Without admitting or denying the
allegations of the Commission's complaint, Gallers consented to the
entry of the final judgment, which permanently enjoins him from
violating the securities antifraud, books-and-records, and internal
controls provisions of Sections 10(b) and 13(b)(5) of the Securities
Exchange Act of 1934 and Rules 10b-5 and 13b2-1 thereunder, bars him
from acting as an officer or director of a publicly-traded company,
and requires him to pay a $50,000 civil penalty.
The Commission's complaint, filed on January 30, 2002, alleged that
Gallers and two others engaged in securities fraud and other
violations while officers of CyberGuard, a Fort Lauderdale-based
company in the business of developing and selling computer network
security systems. According to the complaint, Gallers improperly
recorded revenue from contingent transactions and accelerated revenue
recognition on after-quarter shipments of CyberGuard products over
seven fiscal quarters ended March 31, 1998, and knew, or was reckless
in not knowing, that CyberGuard's financial results were materially
misstated as a result. One of the other defendants - Robert L.
Carberry, who was CyberGuard's former chairman, chief executive, and
president - previously settled with the Commission. (Jan. 30, 2002).
The case against the remaining defendant - Patrick O. Wheeler, who was
CyberGuard's former chief financial officer and vice president of
North American sales, and is the company's current vice president of
business development - is still pending.
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Modified 06/12/2002
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
SECURITIES AND EXCHANGE COMMISSION v. PATRICK O. WHEELER, STEVEN S. GALLERS, and ROBERT L.
CYBERGUARD CORPORATION'S FORMER CONTROLLER SETTLES SEC FRAUD CHARGES AND AGREES TO PAY
On June 6, 2002, the United States District Court for the Southern District of Florida
Without admitting or denying the allegations of the Commission's complaint, Gallers consented
The Commission's complaint, filed on January 30, 2002, alleged that Gallers and two others
According to the complaint, Gallers improperly recorded revenue from contingent transactions
One of the other defendants - Robert L. Carberry, who was CyberGuard's former chairman, chief
The case against the remaining defendant - Patrick O. Wheeler, who was CyberGuard's former
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