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SEC v JOHN GIESECKE, JR., JOSEPH J. SHEW and JOHN DESIMONE Click to find out why . . .



Keywords & Phrases
CaseNo: LR-17745, CourtCode: DIS, CourtName: (U.S. DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, CIVIL ACTION, Defendant: John Giesecke, Jr., Joseph J. Shew and John Desimone, Plaintiff: SEC, State: CA California, UniqueCaseRef: SEC>LR-17745, Homestore, Revenue, Giesecke, Shew, Transactions, Advertising, Desimone, Commission, Media Company, Securities, Officer, Act, Charges, Complaint, Exchange, Central District, Fraudulent, Violations, Round-trip, Paid, Vendors, California, Fraud, Plead Guilty, Inflate, Settle, Entry, Permanently Enjoins, Public Company , ContentID: 120253559

Case Documents
1 2002-09-25 SEC LITIGATION RELEASE
[ see first page and extracted highlights below  ] ItemID: 129927
4 pages
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Total Documents: 1 document , 4 pages
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1 . SEC LITIGATION RELEASE

EXTRACTED KEY WORDS
REVENUE
GIESECKE
SHEW
TRANSACTIONS
ADVERTISING
DESIMONE
COMMISSION
MEDIA COMPANY
SECURITIES
OFFICER
ACT
DEFENDANTS
CHARGES
COMPLAINT
EXCHANGE
CENTRAL DISTRICT
FRAUDULENT
VIOLATIONS
ROUND-TRIP
PAID
VENDORS
CALIFORNIA
FRAUD
PLEAD GUILTY
INFLATE
SETTLE
ENTRY
PERMANENTLY ENJOINS
PUBLIC COMPANY
U.S. Securities and Exchange Commission

Litigation Release No. 17745 / September 25, 2002

(U.S. District Court for the Central District of California, Civil Action
No.CV 02-7471S VW (RZX)

SEC Files Financial Fraud Case Charging Three Former Homestore Executives;
Defendants Agree to Repay $4.6 Million in Illegal Trading Profits

Defendants to Plead Guilty in Related Criminal Actions Brought by U.S.
Attorney's Office for the Central District of California

   The Securities and Exchange Commission today filed charges against
   three former senior executives of Homestore Inc. (formerly
   Homestore.com Inc.), based in Westlake Village, Calif., for
   perpetrating an extensive scheme to fraudulently inflate Homestore's
   on-line advertising revenues in 2001. , filed today in U.S. District
   Court in Los Angeles, charges that John Giesecke Jr., Homestore's
   former chief operating officer; Joseph J. Shew, its former chief
   financial officer; and John DeSimone, its former vice president of
   transactions, caused Homestore to overstate its advertising revenues
   by $46 million (64%) for the first three quarters of 2001. This action
   was brought in coordination with the U.S. Attorney's Office for the
   Central District of California, which simultaneously announced related
   criminal charges against the three defendants. Giesecke, Shew, and
   DeSimone have each agreed to settle the Commission's lawsuit, to plead
   guilty to the criminal charges, and to cooperate with the government
   in its continuing investigation. At the time of the violations,
   Homestore was one of the top Internet portals for real estate and
   related services.

   The Commission's complaint charges Giesecke, Shew, and DeSimone with
   arranging fraudulent "round-trip" transactions for the sole purpose of
   artificially inflating Homestore's revenues in order to exceed Wall
   Street analysts' expectations. The defendants circumvented applicable
   accounting principles and lied to Homestore's independent auditors
   about these transactions. While the fraud was ongoing, the defendants
   exercised stock options at prices ranging between approximately $21
   and $32 per share, reaping profits ranging from approximately $169,000
   to approximately $3.2 million.

   The Commission's complaint alleges as follows

   Bogus Barter Transactions. Throughout 2000 and 2001, Homestore's sale
   of on-line advertisements was one of its primary revenue sources.
   Homestore engaged in a series of complex round-trip barter
   transactions to inflate revenues and meet Wall Street estimates. The
SNIPPETS:
  • U.S. Securities and Exchange Commission
  • SEC Files Financial Fraud Case Charging Three Former Homestore Executives; Defendants Agree
  • Defendants to Plead Guilty in Related Criminal Actions Brought by U.S. Attorney's Office for
  • The Securities and Exchange Commission today filed charges against three former senior
  • , filed today in U.S. District Court in Los Angeles, charges that John Giesecke Jr.,
  • Giesecke, Shew, and DeSimone have each agreed to settle the Commission's lawsuit, to plead
  • At the time of the violations, Homestore was one of the top Internet portals for real estate
  • The Commission's complaint charges Giesecke, Shew, and DeSimone with arranging fraudulent
  • While the fraud was ongoing, the defendants exercised stock options at prices ranging between
  • Homestore engaged in a series of complex round-trip barter transactions to inflate revenues
  • The essence of these transactions was a circular flow of money by which Homestore recognized
  • Specifically, Homestore paid inflated sums to various vendors for services or products; in
  • As a result of a significant revenue shortfall in the first quarter of 2001, the company
  • Giesecke agreed to the entry of an order that permanently enjoins him from committing future ublic company.
  • Additionally, Giesecke has agreed to the entry of a public administrative proceeding pursuant
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