![]() |
|
|
|
| | | |
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
SEC LITIGATION RELEASE
|
EXTRACTED KEY WORDS
DAMATO EAGLE BUILDING DISTRICT REPORTING COMMISSION DISTRICT COURT COMPLAINT EXCHANGE TRADING CHIEF EXECUTIVE OFFICER EAGLE BUILDING TECHNOLOGIES VIOLATING REVENUE UNITED STATES ENJOINS PERMANENT PRESIDENT ANTI-FRAUD PERIODIC REPORTING INTERNAL RECORD-KEEPING PROVISIONS EXCHANGE ACT FALSE PURCHASE ORDERS BANK RECORDS ACCOUNTANTS CONSENT ADMITTING ALLEGATIONS FOREIGN |
United States Securities and Exchange Commission Litigation Release No. 17803 / October 23, 2002 , No. (D.D.C. 1 02CV00397 ESH) DC Court Enjoins Damato The Securities and Exchange Commission announces that on October 22, 2002, the Honorable Judge Ellen Segal Huvelle of the United States District Court for the District of Columbia permanently enjoined Anthony M. Damato, the former president and chief executive officer of Eagle Building Technologies, Inc., a company located in Boca Raton, Florida, from violating the anti-fraud, periodic reporting and internal record-keeping provisions of Sections 10 (b) and 13(b)(5) of the Securities Exchange Act of 1934 and Rules 10b-5, 12b-20, 13b2-1, and 13b2-2, and aiding and abetting Eagle Building's violations of Section 13(a) and 13(b)(2) of the Exchange Act and Rules 13a-1 and 13a-13 in connection with Damato's creation of false purchase orders and bank records which he provided to accountants to inflate the revenues reported by the company in its annual and quarterly reports filed with the SEC, and false press releases that were distributed to the investing public. The district court also barred Mr. Damato from acting as an officer or director of any public company. Mr. Damato consented to entry of the district court's order without admitting or denying the allegations of the Commission's complaint, which was filed against him on March 1, 2002. Issues relating to whether Mr. Damato should be ordered to pay disgorgement, and civil penalties remain open to be resolved by the district court at a later hearing. Commission alleged in its complaint that Damato, as the president and chief executive officer of Eagle Building Technologies Inc., and the company engaged in a massive financial fraud by falsely recognizing millions of dollars of non-existent revenue from Eagle Building's purported sales of cement building blocks through its foreign operations in India. This revenue, which was reported in the company's annual report for 2000 filed with the SEC on Form 10-K and its quarterly reports filed on Forms 10-Q for the first three quarters of 2001, was almost completely fictitious, according to the complaint. The Commission alleged that Damato created false purchase orders and bank records to create the appearance of foreign transactions, which he then provided to the company's accountants. Additionally, the complaint asserts that Damato and the company issued three false and misleading press releases after September 11, 2001 touting anti-terrorism security measures marketed by Eagle that capitalized on the public's anxiety post-September 11. The district court previously entered a permanent injunction againstSNIPPETS: |
| | | |