-------------------- BEGINNING OF PAGE #1 -------------------
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 14776 / January 4, 1996
Accounting and Auditing Enforcement Release No. 750
SECURITIES AND EXCHANGE COMMISSION v. RONALD A. ROMITO, United
States District Court for the Northern District of California,
Civil Action No. 95 20857 (EAI) (December 19, 1995).
The Securities and Exchange Commission today announced the
filing of a complaint with the United States District Court for
the Northern District of California against Ronald A. Romito,
former Chief Accounting Officer of California Micro Devices
Corporation ("Cal Micro").
The Commission's complaint sets forth a series of violations
by Romito of the antifraud, periodic reporting, books and
records, and internal accounting controls provisions of federal
securities laws. The Commission's complaint alleges that during
Cal Micro's fiscal year ended June 30, 1994, Romito, together
with other officers and employees of the Company, fraudulently
inflated Cal Micro's reported revenue by, among other things,
knowingly recognizing revenue on certain product that had not
been shipped or, in some cases, even manufactured, in violation
of Generally Accepted Accounting Principles ("GAAP"). In order
to conceal the improper revenue recognition, Romito and others
falsified the Company's books and records, overrode the Company's
internal accounting controls and misled its outside auditors. As
a result of the fraud, Cal Micro's quarterly reports on Forms 10-
Q for at least the periods ended December 31, 1993 and March 31,
1994, and its annual report on Form 10-K for the year ended June
30, 1994, were materially false and misleading.
The complaint also alleges that Romito engaged in illegal
insider trading by selling Cal Micro stock while in possession of
material non-public information. The Commission alleges that
Romito sold his entire holdings of 7,500 shares of Cal Micro
stock during May 1994 knowing that material amounts of Cal
Micro's reported revenue for the second and third fiscal quarters
did not qualify for revenue recognition under GAAP, that the
Company's books and records were materially inaccurate, that the
Company's internal accounting controls were being overridden, and
that the Company was planning to write-off a large portion of its
false revenue in the fourth quarter ended June 30, 1994. Romito
avoided losses of $86,000 as a result of his sales.
SNIPPETS:
BEGINNING OF PAGE #1 -------------------UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 14776 / January 4, 1996 Accounting and Auditing Enforcement Release
SECURITIES AND EXCHANGE COMMISSION v. RONALD A. ROMITO, United States District Court for the
The Securities and Exchange Commission today announced the filing of a complaint with the
The Commission's complaint sets forth a series of violations by Romito of the antifraud,
The Commission's complaint alleges that during Cal Micro's fiscal year ended June 30, 1994,
In order to conceal the improper revenue recognition, Romito and others falsified the
The complaint also alleges that Romito engaged in illegal insider trading by selling Cal
The Commission alleges that Romito sold his entire holdings of 7,500 shares of Cal Micro
Company's internal accounting controls were being overridden, and that the Company was
Romito avoided losses of $86,000 as a result of his sales.
As a result of a series of press releases from August 4, 1994 through January 10, 1995
Romito has consented, without admitting or denying the allegations of the complaint, to the
il penalty of $86,000 pursuant to the Insider Trading and Securities Fraud Enforcement Act of 1988,
|