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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
HARLOW COMMISSION ACT FINANCIAL STATEMENTS ACCOUNTING SECURITIES EXCHANGE ACT YEAR-END FINANCIAL STATEMENTS SETTLE FORMER SUNBEAM VIOLATING ENTRY AUDIT REPORT DENYING GLUCK AUDIT PROCEDURES PERFORMING SALES UZZI DONALD ENGAGEMENTS CIVIL CHARGES OFFICER LITIGATION JUDGEMENT COMPLAINT ADMITTING GAAP |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C.
Litigation Release No. 17952 / January 27, 2003
Accounting and Auditing Enforcement Release No. 1707 / January 27,
2003
Former Arthur Andersen Auditor and Two Additional Former Sunbeam
Officers Settle SEC Charges
, Civil Action No. 01-8437-CIV (Middlebrooks)(S.D. Fla.)
Phillip E. Harlow, the audit partner on the Arthur Andersen
engagements to audit Sunbeam's 1996 and 1997 year-end financial
statements, Robert J. Gluck, Sunbeam's former controller and chief
accounting officer, and Donald R. Uzzi, a former Sunbeam
vice-president for sales, have settled charges brought against them by
the Securities and Exchange Commission. These settlements resolve all
outstanding matters in the Sunbeam litigation.
Pursuant to his offer of settlement, the Commission today entered an
Order denying Phillip Harlow ("Harlow") the privilege or appearing or
practicing before the Commission as an accountant, with a right to
reapply after three years. , Exchange Act Release No. 34-47261,
Accounting and Auditing Enforcement Release No. 17952. The Commission
found that, in connection with Arthur Andersen's audits of Sunbeam's
1996 and 1997 year-end financial statements
* Harlow failed to exercise professional skepticism when performing
audit procedures and gathering and analyzing audit evidence. In
some instances, moreover, Harlow accepted uncorroborated
representations of Sunbeam's management in lieu of performing
appropriate audit procedures.
* Harlow failed to exercise due professional care in performing the
audit and preparing the audit report. Although Harlow identified a
number of audit risks and accounting issues associated with the
Sunbeam engagement and should have known these items could have a
material impact on the financial statements, he failed to perform
sufficient audit procedures to determine whether the financial
statements were in conformity with GAAP. Specifically, Harlow did
not adequately address the Company's excessive restructuring and
litigation reserves at year-end 1996, which resulted in the
overstatement of the Company's income in 1997. Similarly, his lack
of care in conducting the 1997 year-end audit allowed management
to recognize revenue on sales that did not comport with applicable
accounting standards.
* Harlow failed to obtain sufficient competent evidential matter
through inspection, observation, inquiries, and confirmations to
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