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SEC v ALBERT DUNLAP et al Click to find out why . . .



Keywords & Phrases
CaseNo: LR-17836, CourtCode: DIS, CourtName: COURT FOR THE SOUTHERN DISTRICT OF FLORIDA ENTERED A FINAL JUDGMENT, Defendant: Albert Dunlap et al., Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>LR-17836, Griffith, Exchange Act, Violating, Provisions, Securities, Commission, Civil, Judgement, Sunbeam, Consents, Civil Penalty, Complaint, Reporting, Financial Statements, Year-end, Thereunder, Officer, Sales, Lee Griffith, Donald, District, Entry, Enjoining, Aiding, Abetting Violations, Antifraud, Books, Internal Controls Provisions, Pay, Audit , ContentID: 120254013

Case Documents
1 2002-11-14 SEC LITIGATION RELEASE
[ see first page and extracted highlights below  ] ItemID: 130840
2 pages
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Total Documents: 1 document , 2 pages
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1 . SEC LITIGATION RELEASE

EXTRACTED KEY WORDS
EXCHANGE ACT
VIOLATING
PROVISIONS
SECURITIES
COMMISSION
CIVIL
JUDGEMENT
SUNBEAM
CONSENTS
CIVIL PENALTY
COMPLAINT
REPORTING
FINANCIAL STATEMENTS
YEAR-END
THEREUNDER
OFFICER
SALES
LEE GRIFFITH
DONALD
DISTRICT
ENTRY
ENJOINING
AIDING
ABETTING VIOLATIONS
ANTIFRAUD
BOOKS
INTERNAL CONTROLS PROVISIONS
PAY
AUDIT
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C.

Litigation Release No. 17836 / November 14, 2002

   Accounting Auditing Enforcement Release No. 1663 / November 14, 2002

                 Former Sunbeam VP of Sales, Lee Griffith;
         Consents to Fraud Injunction and Civil Monetary Penalties

   , Civil Action No. 01-8437-CIV-(Middlebrooks)(S.D. Fla.)

   On November 7, 2002, Judge Donald Middlebrooks of the U.S. District
   Court for the Southern District of Florida entered a final judgment
   against Lee Griffith, Sunbeam Corporation's former VP of Sales.
   Griffith consented to the entry of the final judgment against him in
   litigation brought by the Securities and Exchange Commission. Without
   admitting or denying the allegations in the Commission's complaint,
   Griffith agreed to the entry of a judgment (1) permanently enjoining
   him from violating or aiding and abetting violations of the antifraud,
   reporting, books and records, and internal controls provisions of the
   federal securities laws, and (2) requiring him to pay a civil penalty
   of $75,000.

   According to the Commission's Complaint, Griffith, together with
   others, employed improper accounting techniques and undisclosed
   non-recurring transactions to misrepresent Sunbeam's results of
   operations. As a result, the complaint alleges, Sunbeam's financial
   statements and press releases reporting 1996 year-end results,
   quarterly and year-end 1997 results, and first-quarter 1998 results
   were materially false and misleading.

   The consent judgment requires Griffith to pay a $75,000 civil penalty
   and enjoins him from violating the anti-fraud provisions of the
   Securities Act of 1933 (Section 17(a)) and violating or aiding and
   abetting violations of the antifraud provisions of the Exchange Act of
   1934 (Section 10(b) and Rule 10b-5 thereunder), the reporting
   provisions (Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1
   and 13a-13 thereunder), and the books and records and internal
   controls provisions (Sections 13(b)(2)(A), 13(b)(2)(B) and 13(b)(5) of
   the Exchange Act and Rules 13b2-1 and 13b2-2 thereunder). The
   Commission did not seek an officer and director bar against Griffith.

   Recently, the Commission settled its action against Albert Dunlap,
   Sunbeam's former Chairman and CEO and Russell Kersh, its former Chief
   Financial Officer. The Commission's action remains pending against two
   other former officers of Sunbeam, Robert J. Gluck and Donald R. Uzzi,
   and against Phillip Harlow, the audit partner on the Arthur Andersen
SNIPPETS:
  • Consents to Fraud Injunction and Civil Monetary Penalties
  • On November 7, 2002, Judge Donald Middlebrooks of the U.S. District Court for the Southern
  • Griffith consented to the entry of the final judgment against him in litigation brought by
  • Without admitting or denying the allegations in the Commission's complaint, Griffith agreed
  • According to the Commission's Complaint, Griffith, together with others, employed improper
  • As a result, the complaint alleges, Sunbeam's financial statements and press releases
  • The consent judgment requires Griffith to pay a $75,000 civil penalty and enjoins him from 13b2-2 thereunder).
  • Recently, the Commission settled its action against Albert Dunlap, Sunbeam's former Chairman
  • The Commission's action remains pending against two other former officers of Sunbeam, Robert
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