UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15527 / October 6, 1997 ACCOUNTING AND AUDITING ENFORCEMENT RELEASE NO. 977 / October 6, 1997 Securities and Exchange Commission v. James G. Hanley, Civil Action No. 1:97CV02307(SS) (D.D.C.) The SEC today filed a civil action in the United States District Court for the District of Columbia seeking a permanent injunction and a civil money penalty of $25,000 against James G. Hanley of Newport Beach, California. Hanley was formerly the Vice-President of Operations of Pinnacle Micro, Inc., an Irvine, California-based manufacturer of optical disk drives. The Complaint alleges that certain Pinnacle employees including Hanley engaged in certain improper accounting practices that violated generally accepted accounting principles (GAAP) and caused Pinnacle materially to overstate its sales and earnings reported in financial statements contained in certain annual and quarterly reports filed with the SEC. Specifically, the Complaint alleges that, on April 18, 1995, Pinnacle amended its annual report to restate its financial statements for the quarter and year ended December 31, 1993. Pinnacle reduced fourth quarter net income from $652,000 to a loss of ($804,000) and year-end net income from $2.6 million to $1.6 million. The restatements were due principally to Pinnacle improperly recording revenue in its year ended December 31, 1993 from products shipped after the close of the year-end (post-period shipments). The Complaint alleges that, in order for Pinnacle to meet its year-end sales targets, Hanley circumvented Pinnacle's system of internal accounting controls or caused certain of the company's financial books and records to be falsified in that he supervised the shipping department s improper post- period shipments. The Complaint alleges that, in order for Pinnacle to improperly recognize revenue for post-period shipments, the shipping department, among other things, predated packing lists, shipping records, and invoices to conceal that the shipments actually occurred after the end of the reporting period. In addition, the Complaint alleges that Hanley, among others, participated in Pinnacle s inconsistent accounting for sales of certain electronic chips in order to meet Pinnacle s sales target in the third quarter ended September 30, 1993. The Complaint further alleges that Hanley failed to disclose to Pinnacle's independent auditor both Pinnacle's improper post-period shipments and inconsistent recording of revenue from the electronic chips sales. Hanley, without admitting or denying the allegations of the Complaint, consented to the entry of a Final Judgment permanently enjoining him from violating Section 13(b)(5) of the Securities and Exchange Act of 1934 ======END OF PAGE 1====== (Exchange Act) and Rules 13b2-1 and 13b2-2 thereunder and ordering him to pay a $25,000 civil money penalty. In a related administrative proceeding, the SEC also entered a cease- and-desist order against Pinnacle, Scott A. Blum, formerly the Executive Vice-President of Sales, and Lilia Craig, formerly the Vice-President of Finance. The cease-and-desist order finds that Pinnacle (a) improperly recorded revenue from post-period shipments after the close of its December 31, 1993 financial reporting period; (b) inconsistently accounted for sales of the electronic chips in its third quarter ended September 30, 1993; and (c) capitalized certain non-recurring engineering expenditures that should have been charged to expense as research and development costs in its third quarter ended September 30, 1995. The order also finds that Blum caused the improper post-period shipments, in that Blum was aware of Pinnacle s post- period shipments and failed to take any steps to terminate the practice. The order also finds that Blum suggested the use of, and failed to inform Pinnacle s independent auditor about, the inconsistent accounting for sales of the electronic chips. Lastly, the order finds that Craig failed to inform Pinnacle s independent auditor about Pinnacle s post-period shipments. Without admitting or denying the allegations in the order, Pinnacle consented to cease and desist from violations of Sections 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Exchange Act and Rules 12b-20, 13a-1, and 13a-13 thereunder; Blum consented to cease and desist from causing violations of Sections 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Exchange Act and Rules 12b-20, 13a-1, and 13a-13 thereunder, and Blum and Craig both consented to cease and desist from violations of Exchange Act Rule 13b2-2. [Release No. 34-39194; AAER 975] ======END OF PAGE 2======