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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