SECURITIES EXCHANGE ACT OF 1934
ACCOUNTING AND AUDITING ENFORCEMENT
IN THE MATTER OF PAT A. ROSSETTI AND JEFFREY M. YONKERS
Administrative and cease and desist proceedings have been instituted pursuant to Section 21C of the Securities Exchange Act of 1934 and Rule 102(e) of the Commission's Rules of Practice against Pat A. Rossetti ("Rossetti") and Jeffrey M. Yonkers ("Yonkers").
The Order Instituting Proceedings alleges that Rossetti and Yonkers violated Section 10A of the Securities Exchange Act of 1934 ("Exchange Act"), willfully aided and abetted violations of Section 13(a) of the Exchange Act and Rules 13a-1 and 13a-13 thereunder, and engaged in improper professional conduct.
It is alleged that Rossetti and Yonkers, while employed as CPAs with the firm of Marcum & Kliegman, LLC, learned that the firm's client, Detour Magazine, Inc., was preparing its quarterly financial statements using simple fractions of numbers from existing financial statements, rather than actual results of Detour's operations for those quarters and filing those financial statements with the Commission in Forms 10-QSB. It is alleged that despite this discovery, Rossetti and Yonkers failed to notify the company's management, board of directors or the Commission itself of this illegal act, and that Detour continued to use fractions in its quarterly financial statements throughout 1997 and 1998.
It is also alleged that, in the course of their audit of Detour's annual financial statements for 1997 and 1998, Rossetti and Yonkers failed to properly record, or require Detour to record, an expense related to certain options the company issued to consultants in 1997. It is alleged that these options were issued at a price far below the stock's fair value at the time. The failure of Rossetti and Yonkers to record the appropriate expense item in connection with the options transaction allegedly caused the financial statements of Detour, as contained in its filings with the Commission during 1997 and 1998, to materially misrepresent the company's financial condition and results of operations.
A hearing before an administrative law judge will be scheduled to determine whether the allegations against Rossetti and Yonkers are true and to determine, what sanctions, if any, are appropriate in the public interest with respect to those respondents.