U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 21498 / April 22, 2010
Accounting and Auditing Enforcement Release No. 3128 / April 22, 2010
Securities and Exchange Commission v. Exotics.com, Inc., et al., Civil Action No. 2:05-cv-00531-PMP-GWF, United States District Court, District of Nevada
CERTIFIED PUBLIC ACCOUNTANT MARLIN R. BRINSKY SETTLES SEC ENFORCEMENT ACTION IN EXOTICS.COM, INC. LITIGATION
The Securities and Exchange Commission announced that a federal district court in Nevada has entered a final judgment, by consent, against Marlin R. Brinsky of Santa Monica, California, in connection with an enforcement action filed in 2005 concerning a penny stock manipulation and accounting fraud. The final judgment against Brinsky, a certified public accountant, was entered on April 21, 2010. It permanently enjoins him from violating provisions of the federal securities laws governing accountant’s reports and orders him to pay a $20,000 civil penalty. Separately, Brinsky also consented to an administrative order suspending him from appearing or practicing before the Commission as an accountant, with a right to apply for reinstatement after two years.
The Commission’s civil injunctive action was filed on April 25, 2005, against Exotics.com, Inc., a Nevada corporation based in Vancouver, British Columbia, and 12 additional principal defendants and one relief defendant. The Commission’s complaint alleged that, between at least 1999 and 2002, Exotics.com, which was then an Over-the-Counter Bulletin Board company in the business of operating adult Web sites, was the subject of a stock manipulation and accounting fraud. The complaint alleged, among other things, that Brinsky and others engaged in conduct that resulted in Exotics.com filing materially false and misleading financial statements in its Commission filings. The complaint further alleged that the staff of Exotics.com’s outside auditor, of which Brinsky was a member, committed acts and/or omissions that caused them to become non-independent during audits of Exotics.com and that their firm thereafter issued audit reports falsely representing that the audits had been conducted by an independent accountant. Those audit reports were incorporated in Exotics.com’s Commission filings. According to the complaint, the audit reports, among other things, falsely stated that the audits had been conducted by an independent auditor and in accordance with generally accepted auditing standards (GAAS). The complaint also alleged that Brinsky and other members of the audit team engaged in a number of improper accounting practices that caused Exotics.com’s financial statements to depart from generally accepted accounting principles (GAAP).
Without admitting or denying the allegations in the Commission’s complaint, Brinsky consented to the entry of final judgment against him. The final judgment against Brinsky enjoins him from violating Rule 2-02 of Regulation S-X and orders him to pay a civil penalty of $20,000.
Brinsky also consented to the entry of an Administrative Order, pursuant to Rule 102(e) of the Commission's Rules of Practice, suspending him from appearing or practicing before the Commission as an accountant, with a right to apply for reinstatement after two years.
The Commission previously obtained judgments by default against two defendants and judgments by consent against six additional defendants. The action remains pending against the remaining four defendants and a relief defendant.
For further information, see Litigation Release Nos. 19207 (April 28, 2005) [civil injunctive action filed], 19645 (April 7, 2006) [judgment by default against Exotics.com], 19699 (May 15, 2006) [judgment by consent against Barry F. Duggan], 19957 (January 4, 2007) [judgment by default against Gary Thomas], 21028 (May 7, 2009) [judgment by consent against Edward James Wexler], 21456 (March 19, 2010) [judgments by consent against Stephen P. Corso and Brian K. Rabinovitz], 21490 (April 16, 2010) [judgments by consent against Ingo W. Mueller and Firoz Jinnah] and Exchange Act Release Nos. 59766 (April 14, 2009) [forthwith suspension of Stephen P. Corso, CPA] and 61771 (March 24, 2010) [suspension of Brian K. Rabinovitz, CPA].