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SEC v LOREN D. PFAU RELEASE NOS.: 34-48559, AAER-1879 Click to find out why . . .



Keywords & Phrases
CaseNo: 33-8295, Defendant: Loren D. Pfau Release Nos.: 34-48559, AAER-1879, Plaintiff: SEC, State: OR Oregon, UniqueCaseRef: SEC>33-8295, Exchange Act, Qwest, Securities, Commission, Pfau, Accounting, Respondent, Revenue, Iru, Violations, Reports, Pursuant, Agreements, Transactions, Dark Fiber, Recognition, Instituting, Findings, Internet, Telecommunications, Stock, Employees, Sale, Purchasers, Issuer, Materials, Relevant Period, Port, Knowing, Paragraphs , ContentID: 120255604

Case Documents
1 2003-09-29 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 132894
5 pages
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Total Documents: 1 document , 5 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
QWEST
SECURITIES
COMMISSION
PFAU
ACCOUNTING
RESPONDENT
REVENUE
IRU
VIOLATIONS
REPORTS
PURSUANT
AGREEMENTS
TRANSACTIONS
DARK FIBER
RECOGNITION
INSTITUTING
FINDINGS
INTERNET
TELECOMMUNICATIONS
STOCK
EMPLOYEES
SALE
PURCHASERS
ISSUER
MATERIALS
RELEVANT PERIOD
PORT
KNOWING
PARAGRAPHS
UNITED STATES OF AMERICA
before the
SECURITIES AND EXCHANGE COMMISSION

SECURITIES ACT OF 1933
Release No. 8295 / September 29, 2003

SECURITIES EXCHANGE ACT OF 1934
Release No. 48559 / September 29, 2003

ACCOUNTING AND AUDITING ENFORCEMENT
Release No. 1879 / September 29, 2003

ADMINISTRATIVE PROCEEDING
File No. 3-11278
     _________________________________________________________________


   In the Matter of

   LOREN D. PFAU,

   Respondent.

     _________________________________________________________________

   ORDER INSTITUTING PROCEEDINGS PURSUANT TO SECTION 8A OF THE SECURITIES
   ACT OF 1933 AND SECTION 21C OF THE SECURITIES EXCHANGE ACT OF 1934,
   MAKING FINDINGS, AND IMPOSING A CEASE-AND-DESIST ORDER

                                     I.

   The Securities and Exchange Commission ("Commission") deems it
   appropriate that cease-and-desist proceedings be, and hereby are,
   instituted pursuant to Section 8A of the Securities Act of 1933
   ("Securities Act") and Section 21C of the Securities Exchange Act of
   1934 ("Exchange Act") against Loren D. Pfau ("Respondent" or "Pfau").

                                    II.

   In anticipation of the institution of these proceedings, Respondent
   has submitted an Offer of Settlement (the "Offer") which the
   Commission has determined to accept. Solely for the purpose of these
   proceedings and any other proceedings brought by or on behalf of the
   Commission, or to which the Commission is a party, and without
   admitting or denying the findings herein, except that Respondent has
   admitted the Commission's jurisdiction over him and over the matters
   set forth herein, Respondent has consented to the entry of this Order
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • ORDER INSTITUTING PROCEEDINGS PURSUANT TO SECTION 8A OF THE SECURITIES ACT OF 1933 AND
  • The Securities and Exchange Commission deems it appropriate that cease-and-desist proceedings
  • Qwest Communications International, Inc., a telecommunications company based in Denver,
  • Qwest's common stock is registered with the Commission pursuant to Section 12of the Exchange
  • Qwest common stock is traded on the New York Stock Exchange.
  • On October 31, 2001 and November 5, 2001, Qwest filed Forms SC TO-I and SC TO-I/A, tender
  • Many of the stock offering materials incorporated by reference Qwest's financial statements
  • During the relevant period, Pfau was engaged in sales of Qwest fiber-optic cable or "dark
  • In the final days of each quarter, Qwest used Indefeasible Right of Use agreements to sell
  • Qwest recognized nearly the entire amount of IRU revenue "up-front" at the time of contract
  • In each of the three IRU transactions, the purchasers of Qwest dark fiber required the
  • With respect to each of the three IRU transactions, Pfau knew or was reckless in not knowing
  • Section 17of the Securities Act makes it unlawful to employ any device, scheme, or artifice
  • By engaging in the conduct described in paragraphs III.6.
  • Pfau was a cause of Qwest's violations of Section 17of the Securities Act and Section 10of
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