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U.S. Securities and Exchange Commission

UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION

Securities Exchange Act of 1934
Release No. 51191 / February 11, 2005

Accounting and Auditing Enforcement
Release No. 2184 / February 11, 2005

Admin. Proc. File No. 3-11820


In the Matter of

GARY F. PADO, CPA,

Respondent.



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ORDER OF FORTHWITH SUSPENSION PURSUANT TO RULE 102(e) OF THE COMMISSION'S RULES OF PRACTICE

I.

The Securities and Exchange Commission ("Commission") deems it appropriate to issue an order of forthwith suspension against Gary F. Pado ("Respondent" or "Pado") pursuant to Rule 102(e)(2) of the Commission's Rules of Practice [17 C.F.R. 200.102(e)(2)].1

II.

The Commission finds that:

1. Pado, age 41, is a resident of Sacramento, California, and acted as Chief Financial Officer of Unify Corporation ("Unify") during the relevant period. Pado was a certified public accountant licensed by the California Board of Accountancy.

2. Unify was, at all relevant times, a Delaware Corporation, with its principal place of business in Sacramento, California. Unify was, and is, engaged in the business of developing, marketing, and distributing computer software. At all relevant times, Unify's common stock was registered with the Commission pursuant to Section 12(g) of the Securities Exchange Act of 1934 ("Exchange Act"), and traded on the NASDAQ National Market.

3. On October 27, 2004, a criminal judgment was entered against Pado for conspiracy to commit securities fraud in violation of Title 18 United States Code, Section 371 before the United States District Court for the Northern District of California, in United States v. Pado, Case No. CR-02-0135-SI.

4. The criminal judgment was based on Pado's guilty plea to a criminal information which alleged, inter alia, that Pado defrauded investors, made false entries in Unify's books and records, made false statements to Unify's auditors, filed false statements with the Commission, and falsely inflated Unify's reported revenues in violation of Generally Accepted Accounting Principles.

III.

In view of the foregoing, the Commission finds that Pado has been convicted of a felony within the meaning of Rule 102(e)(2) of the Commission's Rules of Practice.

Accordingly, IT IS HEREBY ORDERED, that Gary F. Pado is forthwith suspended from appearing or practicing before the Commission.

By the Commission.

Jonathan G. Katz
Secretary


Endnotes


http://www.sec.gov/litigation/admin/34-51191.htm


Modified: 02/11/2005