U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17522 / May 20, 2002
SECURITIES AND EXCHANGE COMMISSION v. REZA MIKAILLI, GARY F. PADO AND
UNIFY CORPORATION, No. C022426 RS
SEC BRINGS FINANCIAL FRAUD CHARGES AGAINST FORMER EXECUTIVES OF UNIFY
CORPORATION
The Securities and Exchange Commission today announced that it has
filed a complaint in the United States District Court for the Northern
District of California against two former executives of Unify
Corporation, a software company now based in Sacramento, California,
that manufactures and sells database management software. The
Commission's complaint alleges fraud and other violations against
former Unify CEO Gholamreza (Reza) Mikailli, 49, of Saratoga, Calif.,
and former CFO Gary L. Pado, 38, of Sacramento, Calif.
The complaint alleges that from May 1999 through May 2000, Mikailli
and Pado caused Unify to recognize revenue fraudulently on
transactions that they knew were subject to contingencies (including
rights of return or cancellation), or involved barter transactions.
Under generally accepted accounting principles (known as "GAAP"), it
was improper for Unify to recognize revenue on contingent transactions
so long as the contingencies existed and, thus, could nullify or
impair the sale. Also under GAAP, it was improper for Unify to
recognize revenue on barter transactions because Unify's revenue was
contingent on Unify's performance of its obligation to the customer.
In several instances Mikailli and Pado engaged in "roundtripping," by
causing Unify to provide funds its customers needed to buy Unify
products, with no reasonable expectation that the customers would ever
repay the funds. In some instances, Unify made an investment in
another company, which then used most or all of the invested funds to
purchase Unify product. In others, Unify contracted for services from
other companies through so-called Funded Development Agreements.
However, the companies provided no such services, and simply used
funds from Unify to buy Unify product.
As a result of the fraud, Unify overstated its revenue over four
fiscal quarters in amounts ranging from 61% to 150% per quarter.
During the course of the fraud, Mikailli sold all of his shares of
Unify stock and received gross proceeds of approximately $8.2 million.
Mikailli illegally failed to file any reports with the Commission
disclosing his stock sales during this period.
The complaint charges Mikailli and Pado with violating the antifraud,
SNIPPETS:
U.S. SECURITIES AND EXCHANGE COMMISSION
SECURITIES AND EXCHANGE COMMISSION v. REZA MIKAILLI, GARY F. PADO AND UNIFY CORPORATION, No.
SEC BRINGS FINANCIAL FRAUD CHARGES AGAINST FORMER EXECUTIVES OF UNIFY CORPORATION
The Securities and Exchange Commission today announced that it has filed a complaint in the
The complaint alleges that from May 1999 through May 2000, Mikailli and Pado caused Unify to
Under generally accepted accounting principles, it was improper for Unify to recognize
In several instances Mikailli and Pado engaged in "roundtripping," by causing Unify to
In some instances, Unify made an investment in another company, which then used most or all
The complaint charges Mikailli and Pado with violating the antifraud, corporate reporting and
It also charges Mikailli with insider trading and failing to file required reports relating
In addition, the complaint seeks disgorgement from Mikailli of all amounts he received as a
Also named in the complaint was Unify, for violations of the corporate reporting and
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