UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15546 / October 30, 1997 ACCOUNTING AND AUDITING ENFORCEMENT RELEASE NO. 980 / October 30, 1997 Securities and Exchange Commission v. Mitchell A. Hammer and Joseph Letzelter, Jr. (United States District Court for the Southern District of Florida, Civil Action No. 97-6892-CIV-ZLOCH) The Securities and Exchange Commission announced that on October 23, 1997, the United States District Court, Southern District of Florida, entered permanent injunctions and permanent officer and director bars by consent against Mitchell A. Hammer (Hammer), the former CEO, and Joseph Letzelter, Jr. (Letzelter), the former controller, of Sheffield Industries, Inc., a bankrupt manufacturing company which had been based in Miami, Florida. The Commission's complaint alleged that between June 1991 and January 1993, Hammer and Letzelter perpetrated a massive fraud on Sheffield's investors by maintaining two sets of books and by filing materially false financial reports with the Commission on Sheffield's behalf. The complaint alleged that six of Sheffield's SEC filings, which Hammer signed, overstated accounts receivable and inventory by as much as 40%, and falsely stated that Sheffield had complied with a critical loan covenant from a principal lender when, in fact, it was in default thereunder. Hammer, with Letzelter's assistance, orchestrated the scheme by causing Sheffield to keep two sets of books and records: a secret set which accurately reflected the company's deteriorating financial condition, and a public set which fraudulently overstated the company's financial condition. Thus, the complaint alleged that Sheffield, through Hammer, Letzelter and others, failed to make and keep books and records which accurately reflected Sheffield's financial and accounting transactions, and failed to maintain a system of internal accounting controls sufficient to provide assurances that accounting transactions were recorded as necessary to permit the proper preparation of financial statements in conformity with generally accepted accounting principles. The complaint also alleged that Hammer announced in a newswire report that he anticipated revenues for Sheffield for the fiscal year ended 1992 to be approximately $36 million, with anticipated net profits of approximately $.75 per share on 2.6 million average shares outstanding (or approximately $1.95 million in net profits.) However, on December 17, 1992, Sheffield reported losses of $1,800,000. The complaint alleged that Hammer had no reasonable basis for Sheffield's July 1992 profit projection. Hammer was permanently enjoined from further violations of Section 17(a) of the Securities Act of 1933 (Securities Act), and 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 as a control person, of Sections 13(a) and 13(b)(2) of the Exchange Act and Rules 12b-20, 13a-1, 13a-11 and 13a-13 thereunder. Letzelter was permanently enjoined from further violations of ======END OF PAGE 1====== Section 17(a) of the Securities Act, and Sections 10(b) and 13(b)(5) of the Exchange Act and Rules 10b-5 and 13b2-1 thereunder. For further information, see also Litigation Release No. 15425, Accounting and Auditing Enforcement Release No. 942, July 29, 1997. ======END OF PAGE 2======