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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
SKADRA SECURITIES EXCHANGE ACT COMPLAINT EXCHANGE COMMISSION VIOLATIONS SSA SYSTEM SOFTWARE OFFICER DISGORGEMENT CIVIL PENALTIES JUDGMENTS ENJOINING REVENUE SALES LITIGATION ACCOUNTING ROGER COVEY JOSEPH SKADRA CONSENT DISTRICT CHIEF REPORTING FINANCIAL STATEMENT ACCORDING MISSTATE RECOGNITION ACCEPTANCE |
U.S. SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 17770 / October 7, 2002
Accounting and Auditing Enforcement Release No. 1641 / October 7, 2002
SECURITIES AND EXCHANGE COMMISSION v. SYSTEM SOFTWARE ASSOCIATES,
INC., ROGER COVEY and JOSEPH SKADRA, Civ. No. 00C 4240 (N.D. Ill.)
FORMER TOP OFFICERS OF SYSTEM SOFTWARE ASSOCIATES, INC. SETTLE SEC
CHARGES; COVEY AND SKADRA CONSENT TO FRAUD-BASED INJUNCTIONS, COVEY TO
PAY $316,205 IN DISGORGEMENT AND CIVIL PENALTIES.
On October 3, 2002, the U.S. District Court for the Northern District
of Illinois entered final judgments against the former Chairman and
Chief Executive Officer of System Software Associates, Inc. ("SSA"),
Roger Covey, and SSA's former Chief Financial Officer, Joseph Skadra,
in litigation brought by the Securities and Exchange Commission in
July 2000. Without admitting or denying the allegations in the
Commission's complaint, Covey and Skadra agreed to the entry of
judgments (1) permanently enjoining each of them from violating or
aiding and abetting violations of antifraud, reporting, books and
records, and internal controls provisions of the federal securities
laws, and (2) requiring Covey to pay $216,205.38 in disgorgement and
prejudgment interest and $100,000 in civil penalties. The Commission
has agreed to waive disgorgement and to not seek a civil penalty from
Skadra based on representations Skadra made in his sworn financial
statement.
According to the Commission's complaint, Covey and Skadra caused SSA
to misstate its financial results during its fiscal years 1994 through
1996 by improperly reporting revenue on sales of a UNIX-language
software product before the product was developed sufficiently to
support revenue recognition under Generally Accepted Accounting
Principles ("GAAP"). The complaint alleged that Covey and Skadra knew
or were reckless in not knowing that the software did not function
properly and that there were significant uncertainties about customer
acceptance of that software. The complaint also alleged that, during
SSA's fiscal years 1995 and 1996, SSA improperly recognized an
additional $52 million in revenue from sales of UNIX software to
middlemen, which sales were subject to material conditions or
otherwise did not satisfy GAAP. According to the complaint, the
conduct of Covey, Skadra, and SSA resulted in substantial losses to
those public investors who purchased SSA stock during the period when
the company's financial statements were misstated.
The consent judgments enjoin Covey from violations of Section 17(a) of
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