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SEC v XAIBE, INC., LOWELL NICHOLAS Click to find out why . . .



Keywords & Phrases
CaseNo: 34-48359, Defendant: Xaibe, Inc., Lowell Nicholas, Plaintiff: SEC, State: OR Oregon, UniqueCaseRef: SEC>34-48359, Nicholas, Xaibe, Exchange Act, Commission, Violation, Report, Pursuant, Securities, Auditing Firm, Audit, Thereunder, Respondent, Lowell, Findings, Materially False, Misleading Form, Financial Statements, Filing, Cease-and-desist Order Pursuant, Chief Operating Officer, Resigning, Causing, Future Violation, Matter, Order Making Findings, Imposing, Settlement, Admitting, Representation, Nicholas Caused Xaibe , ContentID: 120255671

Case Documents
1 2003-08-18 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 132961
3 pages
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Total Documents: 1 document , 3 pages
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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
XAIBE
EXCHANGE ACT
COMMISSION
VIOLATION
REPORT
PURSUANT
SECURITIES
AUDITING FIRM
AUDIT
THEREUNDER
RESPONDENT
LOWELL
FINDINGS
MATERIALLY FALSE
MISLEADING FORM
FINANCIAL STATEMENTS
FILING
CEASE-AND-DESIST ORDER PURSUANT
CHIEF OPERATING OFFICER
RESIGNING
CAUSING
FUTURE VIOLATION
MATTER
ORDER MAKING FINDINGS
IMPOSING
SETTLEMENT
ADMITTING
REPRESENTATION
NICHOLAS CAUSED XAIBE
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934
Release No. 48359 / August 18, 2003

ADMINISTRATIVE PROCEEDING
File No. 3-11182
     _________________________________________________________________

   In the Matter of

   Xaibe, Inc.
   Lowell Nicholas,

   Respondents.
     _________________________________________________________________

   ORDER MAKING FINDINGS AND IMPOSING CEASE-AND-DESIST ORDER PURSUANT TO
   SECTION 21C OF THE SECURITIES EXCHANGE ACT OF 1934 AS TO LOWELL
   NICHOLAS

I.

   The Securities and Exchange Commission ("Commission") instituted
   public cease-and-desist proceedings pursuant to Section 21C of the
   Securities Exchange Act of 1934 ("Exchange Act") against Lowell
   Nicholas ("Respondent") on July 16, 2003.

II.

   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 prior to a
   hearing pursuant to the Commission's Rules of Practice, 17 C.F.R.
   201.1 et seq., and without admitting or denying the findings herein,
   except as to the Commission's jurisdiction over him and the subject
   matter of these proceedings, which are admitted, Respondent consents
   to the entry of this Order Making Findings and Imposing
   Cease-and-Desist Order Pursuant to Section 21C of the Securities
   Exchange Act of 1934 as to Lowell Nicholas ("Order"), as set forth
   below.

III.

   On the basis of this Order and Respondent's Offer, the Commission
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • Xaibe, Inc. Lowell Nicholas,
  • ORDER MAKING FINDINGS AND IMPOSING CEASE-AND-DESIST ORDER PURSUANT TO SECTION 21C OF THE
  • The Securities and Exchange Commission instituted public cease-and-desist proceedings
  • Respondent has submitted an Offer of Settlement which the Commission has determined to accept.
  • et seq., and without admitting or denying the findings herein, except as to the Commission's
  • In June 2001, Nicholas was terminated as chief operating officer, but continued working for
  • The Form 10-KSB filed by Nicholas was materially false and misleading because it purported to
  • Xaibe's independent auditing firm had performed the field work for the audit, but had not
  • At this time, the auditing firm advised Nicholas that, among other items, it needed a signed
  • By filing the materially false and misleading Form 10-KSB, Nicholas violated Section 10of the
  • By filing the materially false and misleading Form 10-KSB, Xaibe failed to comply with and
  • Nicholas was a cause of Xaibe's violation of these provisions.
  • The auditing firm thereafter sent a letter to Xaibe resigning from the engagement, but Xaibe
  • Accordingly, it is hereby ORDERED that Respondent Nicholas cease and desist from committing
  • The findings herein are made pursuant to Respondent's Offer of Settlement and are not binding
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