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SEC v DONALD F. MARCUS Click to find out why . . .



Keywords & Phrases
CaseNo: 34-47339, Defendant: Donald F. Marcus, Plaintiff: SEC, UniqueCaseRef: SEC>34-47339, Marcus, North Face, Exchange Act, Sale, Company Employees, Accounting, Morris Marcus, Commission, Respondent, Securities Exchange Act, Customer, Audit Committee, Public Cease-and-desist Proceedings, Pursuant, Officer, Instituting, Findings, Independent Auditor, Purchase Order, Revenue, Internal Investigation, Misrepresentations, Payment, Violations, Causing, Seller, Contingent, Donald, Wholesale Distributor, Outdoor Apparel , ContentID: 120255871

Case Documents
1 2003-02-10 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 133161
4 pages
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Total Documents: 1 document , 4 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
NORTH FACE
EXCHANGE ACT
SALE
COMPANY EMPLOYEES
ACCOUNTING
MORRIS MARCUS
COMMISSION
RESPONDENT
SECURITIES EXCHANGE ACT
CUSTOMER
AUDIT COMMITTEE
PUBLIC CEASE-AND-DESIST PROCEEDINGS
PURSUANT
OFFICER
INSTITUTING
FINDINGS
INDEPENDENT AUDITOR
PURCHASE ORDER
REVENUE
INTERNAL INVESTIGATION
MISREPRESENTATIONS
PAYMENT
VIOLATIONS
CAUSING
SELLER
CONTINGENT
DONALD
WHOLESALE DISTRIBUTOR
OUTDOOR APPAREL
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934
Release No. 47339 / February 10, 2003

   ACCOUNTING AND AUDITING ENFORCEMENT
   Release No. 1712 / February 10, 2003

   ADMINISTRATIVE PROCEEDING
   File No. 11038
     _________________________________________________________________

   In the Matter of

   Donald F. Marcus,

   Respondent.
     _________________________________________________________________

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

                                    I.

   The Securities and Exchange Commission ("Commission") deems it
   appropriate that public cease-and-desist proceedings be, and hereby
   are, instituted pursuant to Section 21C of the Securities Exchange Act
   of 1934 ("Exchange Act") against Donald F. Marcus ("Marcus" or
   "Respondent").

                                    II.

   In anticipation of the institution of these proceedings, Respondent
   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 the Respondent admits the
   Commission's jurisdiction over him and the subject matter of the
   proceedings, Respondent consents to the entry of this Order
   Instituting Public Cease-and-Desist Proceedings, Making Findings, and
   Imposing a Cease-and-Desist Order Pursuant to Section 21C of the
   Securities Exchange Act of 1934 ("Order").

                                   III.
SNIPPETS:
  • ORDER INSTITUTING PUBLIC CEASE-AND-DESIST PROCEEDINGS, MAKING FINDINGS, AND IMPOSING A
  • The Securities and Exchange Commission deems it appropriate that public cease-and-desist
  • In anticipation of the institution of these proceedings, Respondent has submitted an Offer of
  • Solely for the purpose of these proceedings and any other proceedings brought by or on behalf 21C of the Securities Exchange Act of 1934.
  • Respondent Marcus is the president and owner of Morris Marcus & Son, Inc., a wholesale
  • The North Face, Inc. was a Delaware corporation with its headquarters in San Leandro,
  • In the third quarter of 1998, certain employees of The North Face, including an officer of
  • The true terms of the sale were not disclosed and the sale was improperly recorded by the
  • During the audit of The North Face's 1998 financial statement in early 1999, its independent
  • The North Face's audit committee conducted an investigation and was assisted by an accounting
  • Certain company employees, including an officer of the company, provided a script of
  • The audit committee investigators, unaware that there was no purchase order for the Morris
  • As a result of the conduct described above, Marcus caused violations of Rule 13b2-2 ith any audit or examination of the financial statements of the issuer or the preparation or filing
  • IT IS ORDERED, pursuant to Section 21C of the Exchange Act, that Respondent cease and desist
  • Statement of Financial Accounting Standards No. 48, "Revenue Recognition When Right of Return
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