-------------------- BEGINNING OF PAGE #1 ------------------- SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE No. 14726 / November 22, 1995 ACCOUNTING AND AUDITING ENFORCEMENT RELEASE No. 737 / November 22, 1995 SECURITIES AND EXCHANGE COMMISSION v. SEQUOIA SYSTEMS, INC., GABRIEL P. FUSCO, KENT R. ALLEN, KEITH D. JOHNSON, AND EDWIN J. HUDSON, JR., Civil Action No. 95-0321 (D.D.C. February 16, 1995). The Securities and Exchange Commission ("Commission") today announced that on November 21, 1995, the Honorable Louis F. Oberdorfer of the United States District Court for the District of Columbia entered the Final Judgment of Permanent Injunction and Other Relief as to Defendant Edwin J. Hudson, Jr. ("Final Judgment"). The Final Judgment permanently enjoins Edwin J. Hudson, Jr. ("Hudson") from future violations of Sections 10(b) and 13(b)(5) of the Securities Exchange Act of 1934 ("Exchange Act") and Rules 10b-5 and 13b2-1 thereunder and orders him to disgorge the sum of $75,000, representing commissions he received in connection with certain purported sales transactions that were improperly booked as revenue by his former employer, Sequoia Systems, Inc. ("Sequoia"), as alleged in the Complaint. Based upon Hudson's demonstrated inability to pay, the Commission waived payment of all but $10,000 of the disgorgement amount and the payment of any penalty. Hudson has consented, without admitting or denying the allegations of the Commission's Complaint, to the entry of the Final Judgment described above. The Complaint, filed on February 16, 1995, alleges that Hudson, a former Sequoia salesman, together with three former officers of Sequoia, engaged in a fraudulent scheme to inflate the revenue and pre-tax income reported by Sequoia in its periodic and annual reports and financial statements that were publicly disseminated and filed with the Commission. Sequoia is a Nasdaq-listed company headquartered in Marlborough, Massachusetts, engaged in the design, manufacture and service of fault-tolerant computer systems. Specifically, the Complaint alleges that Sequoia made materially false and misleading statements in all but one of its quarterly reports filed with the Commission during fiscal 1991 and 1992, as well as in its 1991 and 1992 annual reports. Sequoia recognized and recorded sales revenue notwithstanding the fact that the consummation of the sales transactions and Sequoia's receipt of payment for its products were contingent upon future events, or in circumstances where there was no binding sales contract. With respect to Hudson, the Complaint alleges that he falsified at least one purchase order, made false statements to Sequoia's independent auditors concerning the terms and status of certain sales transactions, and caused at least one Sequoia customer to make false statements to Sequoia's auditors. Consents have been filed and final judgments have been entered with respect to all other defendants. See Litigation Release No. 14417; Accounting and Auditing Enforcement Release No. 647 (February 16, 1995). See also In the Matter of James Edward Palmer and John Louis Thonet, Administrative Proceeding File No. 3-8620 (February 16, 1995); In the Matter of Thomas Milo Somers, Administrative Proceeding File No. 3-8621 (February 16, 1995).