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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
INDEPENDENT EXAMINERS INDEPENDENT EXAMINERS REPORT COMMISSION COMPLAINT SECURITIES COURT EXCHANGE DISTRICT FILINGS DISCLOSING MATTER FINANCIAL CONDITION PARTIAL SETTLEMENT PERMANENT INJUNCTION INDEPENDENT AUDITOR AVOID EXCHANGE ACT NORTHERN DISTRICT ILLINOIS MOTION JUDGE ZAGEL ACCOUNTING IRREGULARITIES INVESTING CIVIL VIOLATIONS ENTRY AUDIT SPIEGEL CHOSE |
U.S. Securities and Exchange Commission Washington, D.C. Litigation Release No. 18347 / September 12, 2003 Inc., U.S. District Court for the Northern District of Illinois, Case No. 03C-1685 Federal Court Grants SEC Motion to Make Independent Examiners Report Public On September 11, 2003, the Honorable Judge James B. Zagel entered an Order (Order) pursuant to a motion by the Securities and Exchange Commission (Commission) providing that the Independent Examiners Report dated September 5, 2003 be made available to the public. The Order requires that the Independent Examiners report be included in the filings for this matter, and also requires that the report be posted on the official website for the United States District Court for the Northern District of Illinois () on September 15, 2003. The Court found that the Independent Examiners Report discussed Spiegels financial condition and identified material accounting irregularities. In the Order, Judge Zagel found that the information contained in the Independent Examiners September 5, 2003 Report is material to the investing public and that it is in the public interest to make the Independent Examiners Report available to the public. The Independent Examiners Report was completed as a result of Spiegels partial settlement with the Securities and Exhange Commission (Commission) in this matter. On March 7, 2003, the Commission filed a civil injunctive action alleging that Spiegel, Inc. (Spiegel) violated the federal securities laws by withholding material information from the public. Spiegel consented to the entry of a permanent injunction without admitting or denying the allegations in the Commissions complaint. The complaint alleged that Spiegel withheld the fact that on or about the beginning of 2002, its independent auditor had notified Spiegel that it may not be able to continue as a going concern. The complaint further alleged that Spiegels independent auditor later issued an audit report on or about January or February 2002 which stated that the audit firm had substantial doubts about Spiegels ability to continue as a going concern. The complaint alleged that Spiegel decided not to make its required 10-K and 10-Q filings to conceal the going concern issue from the public. Instead, the company filed a series of Forms NT (notices of late filing) indicating that Spiegel was not in a position to file because various lending agreements were not in place. According to the complaint, statements made by Spiegel executives confirm that Spiegel chose not to make its required filings to avoid disclosing the goingSNIPPETS: |
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