U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 22304/March 22, 2012
Accounting and Auditing Enforcement Release No. 3373/ March 22, 2012
SEC v. Mark Leslie, Kenneth E. Lonchar, Paul A. Sallaberry, Michael M. Cully, and Douglas S. Newton, Civil Action No. 07 CV 3444 (JF) (PSG) (N.D. Cal. filed July 2, 2007)
SEC SETTLES LITIGATION WITH FORMER VERITAS SOFTWARE CORPORATION HEAD OF SALES
The U.S. Securities and Exchange Commission today announced that, on March 20, 2012, the United States District Court for the Northern District of California entered a settled final judgment against Paul A. Sallaberry, the former Executive Vice President of Worldwide Field Operations and head of sales of Veritas Software Corporation, in SEC v. Mark Leslie, Kenneth E. Lonchar, Paul A. Sallaberry, Michael M. Cully, and Douglas S. Newton, Civil Action No. 07 CV 3444 (JF) (PSG) (N.D. Cal. filed July 2, 2007).
The final judgment resolves the Commission’s case against Sallaberry. The Commission’s amended complaint alleges that certain former Veritas Software Corporation executives inflated Veritas’ reported revenues by approximately $20 million in connection with a software sale to America Online, Inc.
Without admitting or denying the allegations in the complaint, Sallaberry consented to entry of a final judgment permanently enjoining him from future violations of Rule 13b2-1 promulgated under the Securities Exchange Act of 1934 and ordering him to pay disgorgement and prejudgment interest of $75,000 and a civil penalty of $25,000.
Kenneth E. Lonchar remains as a defendant in the Commission’s action.
See Litigation Release No. 20178 (July 2, 2007).