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SEC v SPIEGEL, INC Click to find out why . . .



Keywords & Phrases
CaseNo: LR-18347, CourtCode: DIS, CourtName: INC., U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, CASE NO., Defendant: Spiegel, Inc., Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>LR-18347, Spiegel, Independent Examiners, Independent Examiners Report, Commission, Complaint, Securities, 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 , ContentID: 120255307

Case Documents
1 2003-09-12 SEC LITIGATION RELEASE
[ see first page and extracted highlights below  ] ItemID: 132597
2 pages
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Total Documents: 1 document , 2 pages
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1 . SEC LITIGATION RELEASE

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 going
SNIPPETS:
  • U.S. Securities and Exchange Commission Washington,
  • 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 pursuant to a
  • The Order requires that the Independent Examiners report be included in the filings for this
  • In the Order, Judge Zagel found that the information contained in the Independent Examiners
  • The Independent Examiners Report was completed as a result of Spiegels partial settlement
  • On March 7, 2003, the Commission filed a civil injunctive action alleging that Spiegel, Inc.
  • Spiegel consented to the entry of a permanent injunction without admitting or denying the
  • The complaint alleged that Spiegel withheld the fact that on or about the beginning of 2002,
  • The complaint further alleged that Spiegels independent auditor later issued an audit report
  • statements made by Spiegel executives confirm that Spiegel chose not to make its required
  • The complaint further alleged that Spiegel failed to disclose its auditors going concern
  • As a partial settlement with the Commission, Spiegel consented to the entry of a permanent
  • The partial settlement required the appointment of an Independent Examiner whose mandate was
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