U.S. SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 17794 / October 21, 2002
Accounting and Auditing Enforcement Release No. 1653 / October 21, 2002
, No. 02-CV-1524 (DRH) (E.D.N.Y. Oct. 18, 2002)
SEC SETTLES CIVIL FRAUD CASE AGAINST AARON CHAITOVSKY
AND ROBERT GLASS, FORMER AUDITORS FOR APPONLINE.COM, INC.
The Commission today announced that on October 18, 2002, the Honorable
Denis R. Hurley, United States District Judge, Eastern District of New
York, entered final judgments of permanent injunction and other relief
against defendants Aaron Chaitovsky and Robert Glass.
Without admitting or denying the allegations of the complaint,
defendants consented to the entry of final judgments permanently
enjoining them from violating Sections 10(b) and 10A of the Securities
Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder, and
from aiding and abetting violations of Section 13(a) of the Exchange
Act and Rules 12b-20 and 13a-1 thereunder. The Court also ordered
Chaitovsky to pay a civil penalty of $35,000, and Glass to pay a civil
penalty of $25,000.
In its complaint filed on March 12, 2002, the Commission alleged that
defendants Chaitovsky and Glass served as the engagement partner and
SEC review partner, respectively, on the audit of AppOnline.com,
Inc.'s ("AppOnline") December 31, 1999 financial statements, which
were filed with the Commission. The complaint alleged that Chaitovsky
and Glass violated Sections 10(b) and 10A of the Exchange Act and Rule
10b-5 thereunder, and from aiding and abetting violations of Section
13(a) of the Exchange Act and Rules 12b-20 and 13a-1 thereunder, by
causing the issuance of an audit report, which contained an
unqualified opinion stating that the audit had been conducted in
accordance with Generally Accepted Auditing Standards ("GAAS") and
that the financial statements had been prepared in conformity with
Generally Accepted Accounting Principles ("GAAP"). Chaitovsky and
Glass knew, or were reckless in not knowing, that the audit had not
been performed in accordance with GAAS and that the financial
statements had not been prepared in conformity with GAAP. Chaitovsky
and Glass also knew that AppOnline had filed false financial
statements with the Commission, but took no steps to notify
AppOnline's board of directors, or any committee thereof, that an
illegal act had or might have occurred.
The Commission acknowledges the assistance of the United States
Attorney's Office for the Eastern District of New York and the Federal
SNIPPETS:
U.S. SECURITIES AND EXCHANGE COMMISSION
Accounting and Auditing Enforcement Release No. 1653 / October 21,
SEC SETTLES CIVIL FRAUD CASE AGAINST AARON CHAITOVSKY AND ROBERT GLASS, FORMER AUDITORS FOR
The Commission today announced that on October 18, 2002, the Honorable Denis R. Hurley,
Without admitting or denying the allegations of the complaint, defendants consented to the
The Court also ordered Chaitovsky to pay a civil penalty of $35,000, and Glass to pay a civil
In its complaint filed on March 12, 2002, the Commission alleged that defendants Chaitovsky
Chaitovsky and Glass knew, or were reckless in not knowing, that the audit had not been
The Commission acknowledges the assistance of the United States Attorney's Office for the
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