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SEC v PATRICK O. WHEELER, STEVEN S. GALLERS, et al Click to find out why . . .



Keywords & Phrases
CaseNo: LR-17561, CourtCode: DIS, CourtName: ON JUNE 6, 2002, THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN, Defendant: Patrick O. Wheeler, Steven S. Gallers, and Robert L. Carberry, Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>LR-17561, Securities, Gallers, Exchange Commission, Cyberguard, Former Controller, Fraud, Complaint, Officer, Vice President, Accounting, Patrick, Wheeler, Robert, Carberry, Settles, Pay, Penalty, District, Judgement, Violating, Revenue, Chief, Cyberguard Products, Reckless, Knowing, Former Chairman, North American Sales, Pending , ContentID: 120253103

Case Documents
1 2002-06-12 SEC LITIGATION RELEASE
[ see first page and extracted highlights below  ] ItemID: 128934
1 pages
HTML
Total Documents: 1 document , 1 page.    CAUTION.    PLEASE NOTE THAT THIS IS A ONE PAGE CASE.
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1 . SEC LITIGATION RELEASE

EXTRACTED KEY WORDS
GALLERS
EXCHANGE COMMISSION
CYBERGUARD
FORMER CONTROLLER
FRAUD
COMPLAINT
OFFICER
VICE PRESIDENT
ACCOUNTING
PATRICK
WHEELER
ROBERT
CARBERRY
SETTLES
PAY
PENALTY
DISTRICT
JUDGEMENT
VIOLATING
BUSINESS
REVENUE
DEFENDANTS
CHIEF
CYBERGUARD PRODUCTS
RECKLESS
KNOWING
FORMER CHAIRMAN
NORTH AMERICAN SALES
PENDING
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.
     _________________________________________________________________

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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