LegalCaseDocs.com
shopping cart  
  |     
Search
 

 
New Visitors


 VeriSign Secure Site

 Get Adobe Reader

SEC v AKORN, INC. RELEASE NO.: AAER-1873 Click to find out why . . .



Keywords & Phrases
CaseNo: 34-48546, Defendant: Akorn, Inc. Release No.: AAER-1873, Plaintiff: SEC, UniqueCaseRef: SEC>34-48546, Akorn, Customers, Invoices, Commission, Report, Reserve, Exchange Act, Consultant, Reconcile, Respondent, Credits, Controls, Aging, Committee, Collecting, Securities, Books, Wholesale, Auditors, Directors, Prior, Determination, Accordance, Proper, Disclose, Payments, Staff, Balance, Violation, Invoices Totaling , ContentID: 120255609

Case Documents
1 2003-09-25 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 132899
8 pages
HTML
Total Documents: 1 document , 8 pages
Price: $ 19.95


IVESLCD01 KGI0001
 
 

 Forgot your password?


1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
CUSTOMERS
INVOICES
COMMISSION
REPORT
RESERVE
EXCHANGE ACT
CONSULTANT
RECONCILE
RESPONDENT
CREDITS
CONTROLS
AGING
COMMITTEE
COLLECTING
SECURITIES
BOOKS
WHOLESALE
AUDITORS
DIRECTORS
PRIOR
DETERMINATION
ACCORDANCE
PROPER
DISCLOSE
PAYMENTS
STAFF
BALANCE
VIOLATION
INVOICES TOTALING
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934
Release No. 48546 / September 25, 2003

ACCOUNTING AND AUDITING ENFORCEMENT
Release No. 1873 / September 25, 2003

ADMINISTRATIVE PROCEEDING
File No. 3-11272
     _________________________________________________________________


   In the Matter of

   AKORN, INC.,

   Respondent.

     _________________________________________________________________

   ORDER INSTITUTING CEASE-AND-DESIST PROCEEDINGS, MAKING FINDINGS AND
   IMPOSING A CEASE-AND-DESIST ORDER

                                     I.

   The Securities and Exchange Commission ("Commission") deems it
   appropriate to institute public cease-and-desist proceedings against
   Akorn, Inc. ("Akorn" or the "Respondent") pursuant to Section 21C of
   the Securities Exchange Act of 1934 ("Exchange Act").

   In anticipation of the institution of these administrative
   proceedings, Akorn has submitted an Offer of Settlement ("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 in which the Commission is a party, and without
   admitting or denying the findings herein, except that Respondent
   admits the jurisdiction of the Commission over it and over the matters
   set forth herein, Respondent has consented to the entry of this Order
   Instituting Cease-and-Desist Proceedings, Making Findings and Imposing
   a Cease-and-Desist Order ("Order") as set forth below.

                                    II.

   On the basis of this Order and the Offer submitted by Respondent, the
   Commission finds that
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • The Securities and Exchange Commission deems it appropriate to institute public
  • In its 2000 Form 10-K, Akorn issued audited financial statements that were not accurate or in
  • Although Akorn subsequently created a reserve for these uncollectable accounts in its first
  • Beginning in at least 2000, Akorn failed to promptly and completely record and reconcile cash
  • These top five customers, wholesale drug distributors, comprised forty-three percent of
  • Akorn's problems resulted from numerous internal control and books and records deficiencies
  • Akorn's contractual relationships with its top five wholesale customers provided for an array
  • the wholesalers periodically made lump-sum payments applicable to numerous invoices and
  • Computer problems, rapid growth, heavy staff turnover, and unsupervised and inexperienced
  • At an April 20, 2000 meeting, Akorn's audit committee discussed that the company's accounts
  • Akorn's auditors reiterated their concern about Akorn's accounts receivable.
  • Using Akorn's accounts receivable data base, Akorn's auditors created an aging report that
  • Akorn's auditor's aging report showed that Akorn's unreconciled accounts receivable from its
  • On March 7, 2001, Akorn's chairman of the board directed "All receivables will be analyzed
  • Akorn's accounts receivable consultant discussed the problems and issues raised in the memo
  • Akorn's open accounts receivable balance showed that the customer owed Akorn approximately $4
  • Despite its substantial problems with properly recording, reconciling and collecting its
  • As a result of the conduct described above, Akorn violated Section 13of the Exchange Act and ission may prescribe.
  • Appoint a special committee comprised entirely of outside directors that, within 30 days
  • Pursuant to Section 21C of the Exchange Act that Respondent cease and desist from committing
  •    |