To: Jim Bishop who wrote (48774 ) 5/30/2000 11:53:00 AM From: CIMA Respond to of 150070
SEC Points Special Enforcers at Accounting Fraud By Stephen Phillips Information technology firms will find themselves at the sharp end of a new anti-fraud effort being unleashed by the Securities and Exchange Commission, the arbiter of financial reporting standards for companies trading their stock on the US public markets. The SEC, quartered in Washington DC, has assembled a task force of senior accountants and lawyers to exclusively investigate cases of irregular financial reporting and accounting. Such probes currently number between 90 and 100 a year, accounting for 20% of the SEC's anti-fraud Enforcement Division's business. The new "Financial Fraud Task Force" is headed by Charles Niemeier, the SEC's chief accountant of the division of enforcement, and Paul Burger, an associate director of its enforcement division, who will command a staff of six lawyers and four accountants. The new unit is aimed at fast-tracking the resolution of fraud cases, which are notoriously difficult to make stick because of differing accounting practices prevalent in different industries. Tom Newkirk, an associate director of enforcement at the SEC, told ComputerWire that IT companies ranked as the worst transgressors of accounting rules due to the pressure of operating in the most demanding industry investment market in the economy. Earlier this month, for instance, America Online Inc settled charges brought by the SEC that it had improperly booked marketing costs as sales. Without admitting or denying liability it agreed to pay a $3.5m fine and re-state its earnings accordingly. "We believe that a lot of people in high-tech areas are not sticking to the rules," Newkirk said. "The pressure to make the numbers [match financial analysts' earnings forecasts) is intense. Their share prices take a worse battering [than other types of company] if they don't make them." 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